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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.

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.

10 December 2007

No likelihood of confusion between TS SLOVENIA and TIS

The Slovenian Intellectual Property Office has rejected the opposition filed by Telekom Slovenije dd against the registration of the mark TS SLOVENIA based on its earlier registered marks TIS, ETIS, TELEKOM SLOVENIJE and TISA, finding that there was no likelihood of confusion between the marks. Among other things, the office rejected Telekom Slovenije's argument that 'TS' represented the abbreviation of its name.

02 October 2007

Slovenian Intellectual Property Office registers first sound mark

The Slovenian Intellectual Property Office has registered a sound mark for the first time. The office seems to have followed the case law of the Office for Harmonization in the Internal Market, under which sound marks represented graphically on a musical stave may be registered.

12 June 2007

MERCATOR opposition refused for the second time

In a case on remand from the Administrative Court, SIPO has dismissed an opposition to the registration of the mark MERCATOR, despite the fact that the court had set aside its earlier decision to dismiss the opposition. SIPO held that although prior MERCATOR marks cover similar goods and enjoy a reputation among consumers, the two sets of marks are sufficiently different graphically and conceptually to eliminate confusion.

07 March 2007

'Two Bulls' design not confusingly similar to RED BULL marks

The Slovenian Intellectual Property Office has refused Red Bull GmbH's opposition against an application to register the trademark WODKA MASZKA (and 'Two Bulls' design) covering alcoholic drinks. It held that the mark is not confusingly similar to several earlier RED BULL word and device marks owned by Red Bull.

05 December 2006

SCARPA not necessarily descriptive

The Slovenian Supreme Court has overturned a decision of the Slovenian Intellectual Property Office, in which it had refused an opposition against the registration of the trademark LA SCARPA on the grounds that the word 'scarpa', meaning 'shoe' in Italian, was descriptive. The Supreme Court remitted the case back to the office, instructing it to establish whether, among other things, the word is understood by the average Slovenian consumer.

18 October 2006

Shape of a bottle registered

The Slovenian Intellectual Property Office has allowed the registration of a trademark in the shape of a bottle covering goods in Class 32 of the Nice Classification, including mineral waters, sodas and other non-alcoholic beverages. However, it refused registration in respect of goods in Class 21 (bottles) and services in Class 39 (bottling and packing of drinks) on the grounds that the mark was descriptive for those goods and services.

09 May 2006

Amendments to Industrial Property Act in force

Amendments to the Slovenian Industrial Property Act have come into force. Among other things, the amendments identify the date from which to calculate the start of the five-year non-use grace period for trademark registrations and relax significantly the conditions to obtain a temporary injunction to prevent trademark infringement.