How do I challenge the validity of a Slovak trademark

Founder & Trademark Attorney · October 16, 2024

You can challenge the validity of an existing mark by filing a declaration of invalidity. You do this directly through the ÚPVSR and should base it on grounds that existed before registration, meaning the mark shouldn't have been registered in the first place.

Invalidity can be based on absolute grounds or on relative grounds. Absolute grounds are a lack of distinctiveness, genericness, contrariness to public policy or morality, or bad-faith filings. Relative grounds are conflicts with an earlier right that haven't been resolved during the initial registration.

A successful declaration of invalidity has retroactive effect: the mark is treated as if it had never been registered. This differs from cancellation, which removes the mark from the date the cancellation request was filed. Where the challenge relies on an earlier mark registered for more than five years, the owner of that earlier mark may be required to prove genuine use.

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