How long does the trademark registration process take?
The duration of trademark registration varies depending on the specific country in which you are registering the mark and whether it is a national, regional (EU) or international registration. However, on average, the process can take 4-6 months. After submitting an application for trademark registration, a formal check of the application will take place, and then the application is compulsorily published on the so-called objection purposes for a period of 3 months, during which the owners of other trademarks can file objections against the submitted application if they think that this application threatens or violates their rights. If there are no grounds for rejecting the application or no objections have been filed, your trademark will be registered. However, if the competent authority finds deficiencies in the application or objections are filed, the whole process can take up to several years. Most of the applications submitted by us are registered within the Slovak Republic and the EU within 5 months from the date of submission of the application.
What are the costs associated with trademark registration?
The costs associated with registering a trademark depend on several factors, such as the registrability of the selected mark, the country of registration, the number of classes in which the mark is to be registered, and also whether you choose to be represented in the proceedings or handle everything yourself. In general, the costs of registering a trademark may include fees for the registration itself, fees for carrying out a registrability survey, and possibly other legal services that you may need during the procedure (processing a statement on the objections of the office or the opposing party, filing an appeal, etc.). It is important to consider all these factors and evaluate whether trademark registration for the chosen brand is feasible and hassle-free. The average price including VAT for registration with our assistance costs up to 290 EUR for a trademark in the Slovak Republic and 1150 EUR for an EU trademark.
Is it possible to register a trademark for multiple countries at the same time?
Yes, it is possible in 2 ways - through registration in each desired country separately or thanks to international registration. The whole process is simplified thanks to the international registration of trademarks, which makes it possible to submit a single application for the registration of a trademark for several countries at the same time. This procedure saves time and costs compared to submitting applications in each country separately. Registration in several countries at the same time is especially advantageous if you plan to offer your services or products in several countries.
What happens if my trademark application is rejected?
If your trademark application is denied, it is important to review the reasons for the denial and consider next steps. Usually, the office that performs the trademark registration will provide the reasons why the application was rejected. For example, it could be a conflict with an existing trademark or a lack of distinctiveness of your mark. In that case, you have the opportunity to file an appeal and justify to the office why your mark should be registered. It is also possible to seek legal protection against some decisions of the office that assesses your trademark. If you want to avoid the rejection of your trademark application, it is very important to consult with an attorney specializing in the protection of intellectual property before filing the application, in order to be able to evaluate the probability of successful registration of your mark and to know the risks of the given mark in case of submission of application. We will be happy to advise you in choosing the most suitable strategy for the successful registration of your brand as a trademark.
When can I start using the ® symbol with my brand?
You can start using the ® symbol, which indicates a registered trademark, only when your trademark is officially registered by the office, regardless of whether it is registered by the Slovak Industrial Property Office or the European Union Intellectual Property Office (EUIPO). Use of this symbol prior to obtaining registration is illegal and may result in prosecution. Therefore, we recommend waiting until your mark is successfully registered before starting to use the ® trademark. Before starting to use the ® symbol, it is also important to correctly choose the categories of goods or services for which your trademark will be registered, because if you have a trademark registered only for the software category, for example, then you cannot use the protection symbol for this trademark, for example, on clothing.
What is the difference between a trademark and a copyright?
Trademark and copyright are two different types of intellectual property protection, both of which provide different scopes of legal protection.
A Trademark protects a trade mark, such as brand names, logos, symbols or slogans, which serve to distinguish a company's goods or services from its competitors. The purpose of a trademark is to ensure that consumers can easily identify and distinguish the goods or services of one manufacturer from the goods or services of others. The trademark can only be obtained in the registration process. A registered trademark allows you to use the ® trademark with your brand.
Copyright refers to the protection of works such as literary, artistic, musical or scientific works. It gives authors control over the use of their works and the right to receive remuneration for their use. This right applies to original works created in written, audiovisual or other forms. Copyright is not registered with us and arises directly from the law. Copyright protection is usually marked with the © symbol.
Can I register both a logo and a word mark as a trademark?
Yes, it is possible to simultaneously register a trademark for a word mark and for the associated logo of the same brand. There are several types of trademarks, of which the following 2 are suitable for word mark and logo registration:
- Word trademark: This type of protection refers to the wording of the mark or name itself. A word trademark protects a specific word expression and allows its exclusive use in connection with those goods or services.
- Image trademark: This type of protection mainly concerns the visual aspect of the brand, such as logos, symbols, graphic elements or combinations of these elements. An image trademark protects the specific visual form of the brand in which it is registered and enables its exclusive use in connection with the goods or services for which it is registered. A logo that contains words is also considered a visual trademark.
When registering a trademark, you can choose one or both forms of protection, depending on what aspects of your brand you want to protect. A combination of a word and image trademark can provide more comprehensive protection and ensure that your brand is protected in both forms.
What steps can I take if someone infringes my trademark rights?
If you discover that someone is infringing your rights to your registered trademark, it is very important to choose an appropriate protection strategy as soon as possible and start taking steps to protect your rights. Here are some possible steps to take:
- Contact the infringer: In some cases, it may be appropriate to resolve the situation out of court by contacting the person or company directly that is infringing your trademark rights. You can try to reach an agreement where you allow the use of your brand in exchange for regular fees, or you can ask them to stop using your trademark altogether.
- Legal steps: If an out-of-court solution is not possible or effective, you can file a lawsuit, or a proposal for the issuance of an urgent measure and thus claim your rights in court. As a rule, you can also demand compensation for damage, compensation for lost profit or non-pecuniary damage.
- Consultation with a specialist: It is advisable to consult a lawyer who specializes in the protection of intellectual property, who can provide you with expert advice and help you choose the optimal strategy to protect your rights.
The appropriateness of using each step depends on the individual case, so it is always a good idea to consult with an intellectual property protection specialist before taking action. It is important to act quickly but wisely, as trademark infringement can have serious consequences for your business and your brand's reputation. If you need advice in this area, please contact us at any time.
Our partner law firm provides comprehensive services for this legal area.
Can a civil association register a trademark?
Yes, civil associations and non-profit organizations can register their brand as a trademark just like entrepreneurs. The registration process and trademark requirements are the same for them as for other entities. Trademark registration can be useful for a non-profit organization to protect its identity, logo or name and to distinguish its activities from other organizations. A trademark can help raise awareness of an organization and ensure its credibility with the public. However, before registering a trademark, it is advisable and recommended to investigate the availability and originality of the chosen name or logo to be registered.
What is the validity of the trademark?
In our terms, the validity of a registered trademark is 10 years from the date of filing the trademark application. This time may vary in some countries. After this period, the validity of the trademark can be extended for another 10 years, even repeatedly. The trademark renewal process is usually done by filing a trademark renewal application and paying the applicable fees. If you do not renew your trademark in time, you may lose its protection and the mark may be considered invalid. Therefore, it is important to follow the deadlines and file a timely application for the extension of the validity of the trademark in order to maintain its legal protection and rights to its exclusive use.
