{"id":3226,"date":"2024-08-15T15:56:48","date_gmt":"2024-08-15T13:56:48","guid":{"rendered":"https:\/\/www.krestonslovakia.com\/moja-znacka-moje-bohatsvo-ochranne-znamky\/"},"modified":"2025-01-13T15:01:47","modified_gmt":"2025-01-13T14:01:47","slug":"my-brand-my-property-trademarks","status":"publish","type":"post","link":"https:\/\/www.krestonslovakia.com\/en\/my-brand-my-property-trademarks\/","title":{"rendered":"My brand \u2013 my wealth (trademarks)"},"content":{"rendered":"

We protect tangible assets of everyday life we own in various ways: we use locks, build fences and conclude insurance policies. We also act preventively against pests using the means of criminal, administrative and civil law. Ownership titles may also be exercised and protected in relation to non-tangible assets and intellectual property, but do we protect the results of our intellectual activity sufficiently?<\/span><\/p>\n

For the owner, intellectual property protection is not only a certain possibility, it is often an essential form of protection of business intentions, a successful business plan and where necessary, the exercising of one\u2019s own rights.<\/span><\/p>\n

Important means of intellectual property protection include trademarks, patents, design rights and utility models. By registration of one of means of intellectual property protection, the proprietor acquires an important means of protection of their rights that may be used against persons who want to misuse the proprietor\u2019s reputation, know-how or results of intellectual activity or use them for their own benefit.<\/span><\/p>\n

Trademark registration<\/strong><\/h2>\n

Before registering a trademark, the potential proprietor should contemplate their current and future territorial scope of business, whether they plan to expand financially or territorially, the potential value of the trademark and the tax aspects and services (objects of activities \u2013 manufacture, services) for which the person wants to register the trademark.<\/span><\/p>\n

Trademarks may be divided according to several criteria, including:<\/span><\/p>\n

\u2013 territorial criterion \u2013 territorial protection;<\/span><\/p>\n

\u2013 class criterion \u2013 nature of goods or services;<\/span><\/p>\n

\u2013 trademark type.<\/span><\/p>\n

Territorial criterion<\/strong><\/h2>\n

The potential trademark proprietor may decide whether they want to register it at a national level \u2013 in the Slovak Republic or another state, in the European Union, or for international protection. Since the fees differ significantly for registration of a trademark in Slovakia, in the EU or internationally, it is important to contemplate the economic aspect of filing trademark application. On the other hand, it is important to plan in advance because if expansion abroad is a certain culmination of the entrepreneur\u2019s efforts to expand its business plans, it may be reasonable to also register the trademark in another country or the European Union.<\/span><\/p>\n

Class criterion<\/strong><\/h2>\n

The trademark proprietor should register their trademark in certain classes. The base \u201cpackage\u201d contains 3 classes. A surcharge may apply if trademark applicant wishes to register a trademark in more classes.<\/span><\/p>\n

For example, an ice cream manufacturer should certainly register a trademark in class 30 (ice cream, coffee, ice cream ingredients, etc.) as they do not want another manufacturer to sell ice cream under the same logo or design of its ice cream parlour and use their reputation built thanks to its quality ice cream.<\/span><\/p>\n

A trademark applicant must accurately define the goods and services in accordance with the international classification of trademarks (Nice Classification), marking it with the relevant class number. If a trademark applicant fails to do so or makes an error in the class designation and (for trademark registration in the Slovak Republic), the Industrial Property Office discovers a discrepancy within a formal examination, the trademark applicant will be obliged to amend their application. The classification consists of 45 classes of goods and services \u2013 34 classes of goods and 11 classes of services. Registration in individual classes is important for the exercise of rights arising out of the trademark because the scope of trademark protection applies only to the registered classes of goods and services. Of course, logo protection as a sign trademark and\/or as outcome of creative intellectual activity may be subject to copyright, and unauthorised tampering with it is also subject to legal protection under the criminal law.<\/span><\/p>\n

Trademark type<\/strong><\/h2>\n

Trademarks can be of different nature, they may consist of signs featuring particular words, including personal names, or designs, letters, numerals, colours, the shape or packaging of goods, or sounds, provided that such signs are capable of distinguishing the goods or services of one person from those of other persons.<\/span> The manner of trademark registration is therefore relatively broad. It may be a sound, slogan, logo or any sign that may be perceived by human senses and is distinguishable from others.<\/span><\/p>\n

An advantage of trademark is the exclusive right of the proprietor to use the trademark for some or all of the goods or services for which it has been registered, as well as the right to use mark \u00ae together with the trademark. The proprietor also has the option to grant an exclusive or non-exclusive license, i.e. agree on the use of the trademark by another person for a certain fee.<\/span><\/p>\n

Trademarks are registered for a period of 10 years from the date of filing of the application and may be renewed for additional 10-year periods. <\/span>Would you like assistance with the comprehensive establishment of legal and tax relationships involved in registering a trademark?<\/span><\/p>\n

Our law firm is also experienced in this area and we will be happy to assist you with the process together with our colleagues from the tax department to your full satisfaction.<\/span><\/p>\n

If you are interested in this topic or have\u00a0any queries or remarks, do not hesitate to contact us.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

We protect tangible assets of everyday life we own in various ways: we use locks, build fences and conclude insurance policies. We also act preventively against pests using the means of criminal, administrative and civil law. Ownership titles may also be exercised and protected in relation to non-tangible assets and intellectual property, but do we […]<\/p>\n","protected":false},"author":1,"featured_media":1655,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36],"tags":[],"class_list":["post-3226","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-law"],"_links":{"self":[{"href":"https:\/\/www.krestonslovakia.com\/en\/wp-json\/wp\/v2\/posts\/3226","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.krestonslovakia.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.krestonslovakia.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.krestonslovakia.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.krestonslovakia.com\/en\/wp-json\/wp\/v2\/comments?post=3226"}],"version-history":[{"count":0,"href":"https:\/\/www.krestonslovakia.com\/en\/wp-json\/wp\/v2\/posts\/3226\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.krestonslovakia.com\/en\/wp-json\/wp\/v2\/media\/1655"}],"wp:attachment":[{"href":"https:\/\/www.krestonslovakia.com\/en\/wp-json\/wp\/v2\/media?parent=3226"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.krestonslovakia.com\/en\/wp-json\/wp\/v2\/categories?post=3226"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.krestonslovakia.com\/en\/wp-json\/wp\/v2\/tags?post=3226"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}