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29 November 2011

Average consumer held to be increasingly attentive when buying food products

In Compagnie Gervais Danone v Slovenian Intellectual Property Office, the Administrative Court has found that SIPO had correctly rejected Compagnie Gervais Danone’s opposition against the registration of the figurative mark SENSIA for “milk and milk products”. The court agreed with SIPO that the average consumer was becoming more aware of the importance of nutrition and, therefore, was increasingly attentive when buying food products.

30 September 2011

SIPO adopts opposing opinion’s arguments for the first time

The Slovenian Intellectual Property Office has refused to register the international trademark BAVARIA for beer based on absolute grounds. The decision is significant because it is the first time that the office has refused to register a trademark by adopting the arguments set forth in an opposing opinion.

13 July 2011

Registered company name may infringe trademark

In Elektro Ljubljana dd v Zelena Energija doo, the Circuit Court in Ljubljana has rejected Elektro Ljubljana dd’s action for a declaration of invalidity of the company name Zelena Energija. However, the court held for the first time that it is possible to obtain the removal of a company name from the register pursuant to a trademark infringement action.

26 April 2011

Obligation to file regulations on use of international collective marks confirmed

The Slovenian Intellectual Property Office has issued an opinion stating that the holders of international collective trademarks designating Slovenia must submit to SIPO the regulations governing the use of their marks, together with a translation into Slovenian language. It remains to be seen whether SIPO will require holders of existing international collective trademarks to provide their regulations.

23 February 2011

SIPO to issue statements of grant of protection for international marks

The Slovenian Intellectual Property Office is to start issuing statements of grant of protection for international trademarks designating Slovenia. This practical change is of particular interest to international trademark owners, who should not have to wait until the expiry of the prescribed 12-month period to establish whether their international registration is valid within the territory of Slovenia.

05 October 2010

IDNs to be launched under '.si' extension

ARNES, the entity responsible for managing the '.si' country-code top-level domain, has announced that new rules governing '.si' domain names will enter into force on October 20 2010, allowing the registration of internationalised domain names. The rules will create new opportunities for companies and internet users by allowing them to register and use domains in the Slovenian language.

25 June 2010

Common English word for alcoholic drink held not to be descriptive

In Pivovarna Laško dd v Slovenian Intellectual Property Office, in a somewhat surprising ruling, the Administrative Court has set aside a decision of the Slovenian Intellectual Property Office in which the latter had refused to register the trademark CIDER for goods in Classes 30, 32 and 33 on the grounds that it was partly descriptive and partly deceptive.

08 March 2010

SIPO's MERCATOR decision set aside for the second time

In Poslovni Sistem Mercator dd v Tabacofina-Vander Elst NV, the Administrative Court has set aside a decision of the Slovenian Intellectual Property Office in which the latter had, for the second time, dismissed Poslovni Sistem Mercator's opposition against the registration of the trademark MERCATOR for tobacco products. The case was again remitted to SIPO for further consideration.

09 December 2009

Black panther mark rejected on grounds of public interest

In Hervardi v Slovenian Intellectual Property Office, the Administrative Court has upheld a decision of the Slovenian Intellectual Property Office in which the latter had rejected an application for the registration of a figurative mark representing a black panther under Article 43(k) of the Industrial Property Act. The black panther symbol originates from Carantania, one of the oldest Slavic principalities.

09 October 2009

Olympic Committee trips on UNION OLIMPIJA hurdle

In Comité International Olympique v Pivovarna Union dd, the Slovenian Intellectual Property Office has held that there was no likelihood of confusion between a figurative trademark consisting of the word 'Olympiad' and the five Olympic rings on the one hand, and the word mark UNION OLIMPIJA on the other.

31 July 2009

Anti-piracy and counterfeiting working group established

Slovenia has established an inter-sectoral working group for the fight against piracy and counterfeiting. The aim is to promote greater cooperation between the various state authorities that are involved in the enforcement of IP rights. One of the tasks of the working group is to raise the level of protection of IP rights.

14 May 2009

Registration of sound mark refused based on earlier word mark

In Manpower Inc v PDV Beteiligung GmbH, the Slovenian Intellectual Property Office has refused to register a sound mark consisting of a simple melody and the term 'man-pow-er' on the grounds that it was confusingly similar to the earlier word and device marks MANPOWER. It is the first time that the office has considered a conflict between a sound mark and a word mark.

11 July 2008

'.si' domain name registration rules relaxed

ARNES, the Slovenian registration authority for the '.si' country-code top-level domain, has announced its plans to relax the registration rules for '.si' domain names. Among other things, the new rules will allow natural persons and foreign companies to register '.si' domain names.

17 April 2008

Stricter standard of similarity applies to identical goods, says court

The Administrative Court has set aside a decision of the Slovenian Intellectual Property Office in which the latter rejected an opposition against the registration of the mark CENTRAMED for pharmaceutical products based on the earlier mark CENTRUM for identical goods. Among other things, the court held that the office had erred in refusing to apply the stricter standard of similarity in this case.

26 March 2008

SIPO's request for review rejected by Supreme Court

The Supreme Court has rejected a request for review of an Administrative Court decision filed by the Slovenian Intellectual Property Office. The Supreme Court held that SIPO had no legal standing to request the review under the provisions of the new Act on Administrative Disputes.