This type of industrial property right is protected by entry in the trademark register kept by the Industrial Property Office.

Without the trademark owner’s consent, no one may use in the course of trade:

  • a sign identical to the trademark for goods or services identical to those for which the trademark is registered
  • a sign which, because it is identical or similar to a registered trademark and covers identical or similar goods or services, is likely to cause confusion among the public, including a likelihood of association between the sign and the trademark
  • a sign identical or similar to the trademark for goods or services that are not similar to those for which it is registered, where the trademark has a reputation in the Slovak Republic and use of the sign would, without due cause, take unfair advantage of or harm the distinctive character or reputation of the trademark.

Unauthorised interference with trademark rights entitles the owner to ask a court to prohibit the threat or infringement and to order its consequences to be remedied. The owner may also claim appropriate satisfaction in the form of financial compensation, without prejudice to the right to claim damages and the surrender of unjust enrichment.

The trademark owner is also entitled to claim damages for acts committed after the application was published, as well as appropriate satisfaction. In such cases the court will rule only after the trademark has been entered in the register.

The owner of a trademark has the right to information about the origin of goods, and of the documents accompanying them, from anyone who places or intends to place on the market goods or services bearing a sign identical or similar to the trademark on their packaging or accompanying documents. The decision lies with the court, which will dismiss the claim if it is disproportionate to the threat to or infringement of the trademark.

The trademark owner may ask the court to order whoever threatens or infringes the trademark rights to withdraw from the market or destroy the products whose marketing, manufacture or storage has infringed or threatened those rights; the court may also order the destruction of materials and tools intended or used exclusively for such activities. The court will not order destruction if the products are not exclusively owned by the defendant, or if the infringement or threat could be remedied in another way and destruction would be disproportionate. Removing the infringing sign or counterfeit trademark from products before they are placed on the market is allowed only in exceptional cases.