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19 November 2013

MARTINI SPIRITO granted protection despite initial objections on absolute grounds

The Slovenian Intellectual Property Office has granted protection to Bacardi’s international trademark MARTINI SPIRITO for "alcoholic beverages (except beers)", despite having refused it provisionally on absolute grounds. The case reveals a deficiency in the Slovenian trademark examination procedure - SIPO had failed to provide specific facts and reasons for its provisional refusal, leaving Bacardi in the dark.

03 September 2013

Import of infringing goods into EU through Slovenia constitutes infringement

In Louis Vuitton Malletier Société Anonyme v Interkop 2006 doo, the Circuit Court of Ljubljana has decided for the first time on the scope of jurisdiction of the Slovenian courts in cases where infringing goods are imported into the European Union through Slovenia, but are destined to another EU state.

16 May 2013

SIPO confirms that TEFLON is well-known trademark

The Slovenian Intellectual Property Office has refused to register the trademark VEFLON based on five earlier TEFLON marks. SIPO held that, although TEFLON has been present on the Slovenian market for half a century and is well known to Slovenian consumers, it could not be concluded that it had become generic. On the contrary, SIPO concluded that TEFLON was a well-known trademark benefiting from enhanced protection.

20 March 2013

Higher Court issues surprising decision regarding storage and destruction costs

In a recent case involving the seizure of infringing goods by Customs, the Higher Court in Ljubljana has issued a controversial decision that was contrary to the established practice of ordering the defendant to pay the costs of the storage and destruction of the infringing goods. This unexpected decision could discourage, or even prevent, IP rights holders from recovering storage and destruction costs.

28 February 2013

SIPO confirms that company name may present obstacle to trademark registration

The Slovenian Intellectual Property Office has refused to register the trademark STA LJUBLJANA based on the earlier company name STA Ljubljana doo. Interestingly, SIPO stated that whether the company actually carried out its registered activities was irrelevant - arguably, this puts earlier company names in a more favourable position than earlier trademarks.

08 January 2013

Intellectual Property Office joins Seniority Project

The Slovenian Intellectual Property Office has implemented the Seniority Project, a joint project between OHIM and the patent and trademark offices of EU member states. The project aims to establish links among the seniority data in the national and Community databases and make this information accessible online.

30 November 2012

Mark including five-pointed stars in a circle held to imitate EU symbols

The Appellate Court has upheld a decision of the Circuit Court in which the latter had invalidated the national trademark EUROTHERM (and device) due to its similarity with symbols of the European Union. Among other things, the court held that the combination of the design - five-pointed stars arranged in a circle - and the element ‘euro’ constituted an obvious imitation of protected EU emblems.

14 November 2012

Slovenian pumpkin seed oil gets GI status despite Austria's objections

The Styrian pumpkin seed oil (‘Štajersko prekmursko bučno olje’) is the 15th Slovenian product to be entered into the EU register of protected designations of origin and protected geographical indications. Neighbouring Austria had objected to the registration on the grounds that a trademark including the term ‘Steirisches Kürbiskernöl’ ('Styrian pumpkin seed oil'), as well as the GI ‘Steirisches Kürbiskernöl’, were already registered in Austria.

06 November 2012

Trademark searches may be more expensive and less reliable under new practice

The Slovenian IP Office has adopted a new practice whereby it does not allow the reclassification of goods and services covered by a trademark registration. Reclassification was possible in the past in cases where the Nice Classification had been amended since the trademark was registered or last renewed. The new practice will make searching in Slovenia more expensive and less reliable.

23 February 2012

Uncertainty remains following adoption of 10th edition of Nice Classification

When the 10th edition of the Nice Classification entered into force on January 1 2012, Slovenia was among those countries which adopted it on the same day. SIPO will not reclassify ex officio earlier trademark applications or registrations under the new edition. However, it is still unclear whether applicants or trademark holders may voluntarily request the reclassification of their application or registration.

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.