Can a Slovak trademark be cancelled for non-use?

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Written by Igor Demcak

Founder & Trademark Attorney ·

Yes. Under the Slovak Act on Trademarks, a registered mark can be cancelled if it has not been put to genuine use in Slovakia for a continuous period of at least five years, unless the owner has proper reasons for the non-use.

Cancellation is initiated by a third party filing a request with the ÚPV SR. The owner is then given the opportunity to prove genuine use; if they cannot, the mark is cancelled. Cancellation takes effect from the date the cancellation request was filed.

Use that begins or resumes after the five-year period will generally save the mark, but not if it starts within the three months before the cancellation request and only after the owner became aware such a request might be filed.

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