New Trademark Law enters into force

The new Trademark Law of Slovakia came into force on January 1 2010, replacing the Law on Trademarks 1997. All trademark proceedings pending on January 1 2010 will continue under the new law.

The new law aims to harmonize the Slovak legislation with the relevant EU regulations. Among other things, it introduces new terminology. For example, the term ‘similarity’ is now used - instead of the word ‘interchangeability’ - to define a ground for denying registration, as well as a basis for an action for trademark infringement.

In addition, the new law defines more precisely the rights of IP owners, and introduces a right to compensation for damages suffered as a result of trademark infringement.

Finally, according to the new law, trademark applicants are now formally allowed to divide their main application into sub-applications in order to extract certain goods and/or services from the main application.

Jelena Jankovic, PETOŠEVIC, Belgrade

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