Register a Trademark in Slovenia
Register a Trademark in SloveniaUpdated on Friday 15th May 2020
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In Slovenia you can register a trademark for patents, intellectual property, industrial designs, and certificates. Slovenia has signed the Madrid Agreement and is a member state of the European Union which enables a person to obtain a trademark protection in Slovenia if the registration process takes place within the European Union. The trademark protection is enabled in 27 member states of the European Union, Slovenia being one of them.
Our Slovenian lawyers can guide you through the trademark registration process in Slovenia and other EU member states.
Trademark registration process in Slovenia
In order to start the registration process an application form must be submitted to the Slovenian Patent Office. The application must be submitted by a local agent that requires a non-legalized power of attorney. Foreign applicants do not need Slovenian residency to register for trademark protection.
In Slovenia there are 3 ways to register a trademark:
- a national trademark can be registered with the State Trademark Office;
- the community trademark can be registered with the O.H.I.M. system and is available for all EU member states;
- the international trademark can be registered with the W.I.P.O. system an you can obtain protection for your trademark in Slovenia.
The Slovenian registration process for the trademark requires a formal and a substantial examination. The most important part of the examination is the classification and the descriptiveness of the trademark. If any of those are incorrect or if anything is missing it will be a reason for refusal.
The process of registering a trademark in Slovenia will take about 12 months from the application. The trademark will be published in the “Bilten za industrijsko lastnino” and a three month period must be concluded. Once the registration has been approved you can obtain the Slovenian Certificate of Trademark Registration.
Validity of the trademark registration in Slovenia
The Slovenian trademark registration is valid for 10 years and can be renewed for another 10 years after its expiration. A trademark must be used within 5 years after receiving the registration otherwise it can be cancelled.
Slovenia became increasingly more attractive for foreign investors over the years due to its open and beneficial economic and legislative climate, skilled workforce, excellent transport and ITC infrastructure, strategic position the center of Europe, its value chains, industry clusters and centers of excellence. The country offers advantageous conditions for study and development, therefore the intellectual property regulations are an important part of the country’s legislation.
Intellectual property in the Republic of Slovenia is regulated by the Copyright and Related Rights Act published on the 30th of March 1995. This act provides laws protecting the rights of:
- Authors for their works of literature, science and art. These are copyright laws.
- Performers, producers, broadcasting organizations and publishers. These are referred to as related rights.
There are also regulations within the Act referring to the individual and collective management and enforcement of copyright and related rights. All works protected by this act must first be made available to the public, with the consent of the right holder. This disclosure usually takes the form of publication of the respective work.
Copyright works, as defined by the Right Act are individual intellectual creations expressed in any mode, in the domain of literature, science and art. The author of a work protected by copyright laws is entitled to exclusive moral and economic rights over its creation.
All types of adaptation, arrangements, translation and transformations of an existing work, will be deemed independent works. However, the Slovenian intellectual property law clearly states that the rights of authors of original work must not be infringed by these transformations. For more detailed and personalized information it would be advisable to ask for the legal advice of a qualified attorney in Slovenia.
There are several areas not protected by copyright laws, such as ideas, principles, discoveries, official texts, such as legislative or judicial texts, or for literary and artistic creations that belong to the Slovenian folklore.
If you need representation for registering a trademark, our law firm in Slovenia can provide you with a number of services and legal advice on different matters. Please contact our attorneys in Slovenia for further information in this matter.