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"Intellectual property are vital assets of every business. An unwritten rule is that the enterprise without intellectual property is an enterprise without a future." |
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MarkOffice offers consultation in all matters related to protection of patents, trademarks, designs, utility models, appellations of origin, semi-conductor topographies and other industrial properties in Slovakia and in the European Union. Ivan Belička is a patent and trademark attorney qualified to represent clients in Slovakia and the European Union. MarkOffice is in Banska Bystrica, seat of the Slovak Office of Industrial Property (IPO). Ivan Belička is the former head of the Trademark Division at the IPO. He is a professional representative before OHIM (no. 28174) and a European Patent Attorney (no.133070). A graduate of the Moscow Geological Institute, he speaks and writes fluent Russian, and also speaks English. :: Patent protection We offer four kinds of patent protection: 1. Normal national patent (in Slovakia) For a non-priority claiming application we need the applicant's name and address, the inventor(s) name, address and nationality, and a description and specification of the invention in English, German or French, formal drawings; if any (we can translate and prepare the drawings for you). For inventions relating to biological material requiring a deposit to be made with an International Depository Authority, there must be indication in the specification that a deposit has been made under the provisions of the Budapest Treat. As with representation in any other area, we need a Power of Attorney signed by the applicant (no legalization is required for this.) After filing we may need details of the applicant's right to apply for the patent and the inventor's Declaration and Assignment of the rights (no legalization required). For inventions relating to biological material we may need the name of the International Depository Authority, the date the biological material was deposited, the Accession number for the deposit, and a copy of the receipt issued by the International Depository Authority. 2. National Phase under PCT The National Phase must be filed within the 31 month Chapter I or II deadline. It must be accompanied by a copy of an International Patent Application or publication number; details of any transfer, assignment or change of name, as recorded; details of any amendments; indication whether the Slovak Republic is a designated state; and a Power of Attorney signed by the applicant (no legalization is required). Copies of the following would also be useful: all correspondence between the applicant and WIPO; a copy of the PCT Pamphlet; the IPER and any Annex thereto; and the International Search Report including copies of citations, if available. 3. Validation of European Patent in Slovakia The request for validation must be accompanied by a copy of an European Patent Application or publication number; details of any transfer, assignment or change of name, as recorded; details of any amendments; and a Power of Attorney signed by the applicant (no legalization is required). 4. European Patent For either a Priority or Non-Priority Application (Priority applications must be filed within 12 months of the earliest priority date) we need your name and address, as well as the inventor(s) name, address and nationality; a description and abstract of the invention including at least one claim, in one of the official languages of the EPO, namely English (preferred ), French or German; drawings, if any (we can prepare these for you); if claimed, date and country of filing of priority application. After filing, we may request the following information/documents: a List of Contracting State(s) to designate - at least one of: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Luxembourg, Monaco, Netherlands, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland & Liechtenstein, Turkey and United Kingdom, (a maximum of seven designation fees are payable); a list of Extension States to designate (any one or more of Albania, Lithuania, Macedonia, Romania ); and details supporting the applicant's right to apply for the patent (a certified copy of the priority application). For inventions relating to biological material we need the name of the International Depository Authority, the date the biological material was deposited, and the accession number for the deposit along with a copy of the receipt issued by the International Depository Authority. :: Trademarks There are three categories of application or representation: 1. Applying for a National Trademark (Slovakia) Priority applications must be filed within 6 months of the earliest priority date. We'll need the applicant's name and address; a clear specimen of the device (logo) or stylized mark or details of word mark (any size print for design or word mark of a special typographical character). If priority is claimed, we need the date, number and country of filing of priority application; the List of Goods or Services to be protected and, preferably, their International Classification as adopted in the last edition of NICE Classification; in the case of collective trademarks, the regulations concerning the use of the mark. After filing we may need documents attesting to nationality and state of incorporation of applicant, and a certified copy of any priority application.2. Applying for a European Community Trademark (Alicante) Priority applications must be filed within 6 months of the earliest priority date. We will need the applicant's name and address, a specimen of the device (logo) or stylized mark or details of the word mark; the List of Goods or Services in which protection is sought and their International Classification as adopted by the last edition of NICE Classification; and a Power of Attorney signed by the applicant (no certification or legalization is required). After filing we may need the following additional information: if seniority is to be claimed, the date, number and country of the earlier registration and evidence of prior National Registration; if priority is claimed, the date, number and country of filing of priority application; and a certified copy of any priority application. 3. Getting representation before the IPO in conflicts arising out of the Madrid Agreement. |
:: Designs Design encompasses exterior modifications or changes to a product or to its pattern, or a spatial modification affecting mainly shape, outline, a drawing or arrangement of colours or a combination of these which is novel. Before the time in which the right of priority belongs to the applicant the design must not have been well-known in the Slovak Republic or abroad. Furthermore, it has to be industrially useful and must allow the production of identical products. By registering a design at the IPO the applicant receives right of priority. The IPO will examine whether the design meets the conditions as set forth under Slovak Law 444/2002 on Designs, and if the application meets those conditions, it will be entered into the Design Registry. :: Design application Priority claiming application must be filed within 6 months of the earliest priority date. We'll need the name and address of the applicant(s) and of the creator(s); drawings or photographs that show the whole article or each part of the industrial design, from which the design principle can be unambiguously recognized and which can be reproduced (in 6 copies); the name of the design; designation of the product into which the design is incorporated or to which it is applied, including its international design classification. If not apparent from the drawings, we need a brief description of the article the design is applied to. If priority is claimed, we need the date and country of filing of priority application; and we need a Power of Attorney signed by the applicant (no certification or legalization is required). After filing the following information may be asked for: formal drawings (we can prepare these for you); and an Author's Declaration and Assignment of the rights (no legalization required). If convention priority is claimed, we need the Priority Document; a copy of the national and/or regional Design Application, as filed; and Assignment of Priority Right, if an applicant is not identical with the first applicant (no legalization required). The application may contain a request for the registration of several designs (multiple design application). It also may concern only designs included in one class of the international classification of designs. For a multiple design application, we need a list of variants, (no limit to variants). :: Utility model application Priority-claiming application must be filed within 12 months of the earliest priority date. We'll need the name and address of applicant(s) and author(s); specification, claims and an abstract in English, German or French; drawings, including drawing related to the abstract (informal sketches are sufficient); and a Power of Attorney signed by the applicant (no certification or legalization is needed). After filing we may ask for an Author's Declaration and Assignment of the rights (no legalization required). If convention priority is claimed, we'll need a Priority Document, a copy of the national and/or international Utility Model/Patent Application, as filed; and an Assignment of Priority Right, if an applicant is not identical with the first applicant (no legalization needed). :: FAQs How does trademark registration work in Slovakia? The IPO will investigate whether the application meets the conditions as set forth under Slovak Law no. 55/1997 from the Collection on Protected Trademarks. Should these conditions be met, the IPO will publish the application in the Official Bulletin. If within three months from the date of publication no objections have been submitted to the IPO, the IPO will register the trademark. What is the period of protection in Slovakia for a registered trademark? A trademark is automatically protected for ten years from the date of application, and thereafter on the request of the applicant the period of protection can be renewed for a further ten years. The trademark can in essence be protected indefinitely. What is the period of protection in Slovakia for a registered design? The registration of an industrial design is valid for five years from the date of application. This period can be extended by the IPO at the most four times, each time for a further five years. The total period of protection is therefore 25 years. What may affect rights of ownership? If the originator created the design as part of his duties for his employer, the right to register the design lies with the employer, if the contract does not state otherwise. The rights of authorship however are not affected by this. If the rights to the industrial design belong to several persons, relations between them are governed by general regulations on shared ownership. Agreement (license) on the use of the industrial design that is protected by the certificate is divided among the owners according to the license contract. Any transfer of the design must be stated in a written contract, which takes effect towards third parties upon the filing of the design transfer in the Registry of Industrial Designs. In case of dispute, the Office may transfer the certificate of registration of industrial rights to that person who is judged by the courts to be the originator of the industrial design. On request of the owner of the industrial design, the announcement of registration in the IPO Bulletin can be delayed. Regarding subjects that are exhibited in Slovakia, the Office may admit a right of priority from the period when these subjects were put on exhibition, under the condition that the exhibited subject will be submitted as a design within three months following the close of the exhibition. :: Where can I find the power of attorney? You can download the Power of attorney and the power of attorney before OHIM from our site. Adobe Acrobat Reader 5.0+ is needed. |
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