Slovenia

Trademarks

• Filing the Application – Requirements
• Registration Procedure
• Opposition
• Duration
• Recording changes in the Register

Patents

• Filing a Conventional Application – Requirements
• Time limits for filing a National phase of PCT Application
• Registration Procedure
• Validation of European Patent - Requirements
• Duration
• Recording changes in the Register

Industrial Designs

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

• Conventions:
  • - Paris Convention
  • - Madrid Agreement
  • - Madrid Protocol
  • - PCT Convention
  • - EPC
• Law on Industrial Property valid as of 7 December 2001

Trademarks

• Filing the Application – Requirements: (top)
  • Name and address of the Applicant
  • Representation of the Mark
  • List of goods and services according to Nice Classification 8th edition (Classes 1-45)
  • Priority date, country and number and the original Priority document which can be submitted subsequently within three months as from the Application date. This term can be extended for the additional three months
  • Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently within three months as from the application date. This term can be extended for an additional three months.
• Registration Procedure: (top)
  • The Application is filed and examined with the Intellectual Property Office
  • The Intellectual Property Office examines absolute grounds for refusal
  • The registration procedure takes approximately one year as from the application date
• Opposition: (top)
  • The Trademark Applications are published in the Official Gazette. The Opposition against the Trademark Application can be filed within three months as from the publication date
• Duration: (top)
  • Upon payment of ten years protection fees, the Trademark is valid for 10 years as from the application date, unless revalidation, see below
  • Upon payment of renewal fees the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last year of previous ten years protection period or up to six months after the expiration date with a fine of 50% of the renewal fees
  • Revalidations of former Yugoslav Trademark Registrations keep the same renewal dates as the original former Yugoslav Trademarks
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • Power of Attorney simply signed by the Assignor
  • Power of Attorney simply signed by the Assignee
  • Assignment document simply signed by the Assignor and the Assignee – no legalization or notarization is required
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, simply signed by a representative of the Company and simply signed Power of Attorney with the inserted old name in case that we were not the Agent of the file
  • a) Extract from the Company Registers showing the change of name or
  • b) Statement of the Secretary of State showing the change of name
  3. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company and simply signed Power of Attorney with the inserted old address in case that we were not the Agent of the file
  • a) Extract from the Company Registers showing the change of address or
  • b) Statement of the Secretary of State showing the change of address

Patents

• Filing a Conventional Application – Requirements (top)
  • Name and address of the Applicant
  • Name and address of the Inventor(s) or the statement that the Inventor does not wish to be mentioned in the Application
  • Priority date, country and number
  • Description of Patent
  • Patent Claims
  • Drawings (if any)
  • Abstract – summary of the invention
  • Power of Attorney simply signed by the Applicant – can be submitted subsequently, within three months as from the Application date. This term can be extended for the additional three months
  • Priority document – can be submitted subsequently, within three months as from the Application date. This term can be extended for the additional three months
  • The Application is to be filed within one year as from the priority date
  • Translation of specification, claims and abstract into local language, can be filed subsequently
• Time limits for filing a National phase of PCT Application (top)
  • The Application is to be filed with the Office within 30 months as from the Priority Application date.
• Registration Procedure (top)
  • The Office is publishing the Patent Application within 18 months as from the Application date or the priority date if the priority has been claimed. Upon publication of Patent Application, the Decision on grant is to be issued and the publication date shall be considered as grant date
  • Owners of the Patent shall submit to the Office no later than the expiry of the ninth year of protection the written evidence showing that the patent for the same invention has been obtained:
  • a) before the EPO
  • b) if no application for the same invention has been filed with the EPO, the evidence that the Patent for the same invention has been granted by the authority which according to PCT enjoys the status of Preliminary Examining Authority or by any other patent Office with which the relevant treaty has been concluded should be submitted. The List of the Patents for the same invention which can serve as the evidence should be submitted as well along with data on patent applications and patents which have been refused
  • c) if no evidence can be submitted by the Owner, he may request that the Office obtains the relevant data
• Filing a National Phase of PCT Application – Requirements (top)
  • Name and address of the Applicant
  • The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application
  • Description of Patent
  • Patent Claims
  • Drawings (if any)
  • Abstract – summary of the invention
  • Priority date, country and number
  • International Search report
  • International Preliminary examination report
  • PCT Publication page
  • The document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently
  • Power of Attorney simply signed by the Applicant – can be submitted subsequently
  • Translation of description, claims and abstract into local language, can be filed subsequently
• Validation of European Patent - Requirements (top)
  • the validation of the European Patent can be claimed within three months as from the date of publication of grant of the European Patent
  • Slovenian translation of Patent Claims should be submitted to the Office along with the claim for validation of the European Patent
• Duration (top)
  • 20 years as from the application date for conventional Patents
  • 20 years as from the International filing date for the National phase of PCT patents
  • 20 years as from the date of filing the European Patent Application for the EP
  • petty patent is valid 10 years as from the application date
  • for the Patent Applications filed in Slovenia after 7 December 2001 the fees should be paid starting from the 4th year of protection and each subsequent. For the Patent Applications filed in Slovenia prior to 7 December 2001 the annual fees should be paid starting from the 3rd year and each subsequent.
  • the protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest with 50% fine
  • duration of patent can be extended over 20 years in the following cases
  • a) in the case of a war of similar emergency conditions, for duration of such state or conditions, but not for more than five years
  • b) in case if the subject-matter of the patent is a product or a process of manufacturing a product or a use of a product which has to undergo an administrative procedure required by the law, for duration of such procedure, but not more than five years
• Recording changes in the Register: 1. Assignment of rights Requirements: (top)
  • Power of Attorney simply signed by the Assignor
  • Power of Attorney simply signed by the Assignee
  • Assignment document simply signed by the Assignor and the Assignee – no legalization or notarization is required
  2. Change of name Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company
  • a) Extract from the Company Registers showing the change of name or
  • b) Statement of the Secretary of State showing the change of name
  2. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company
  • a) Extract from the Company Registers showing the change of address or
  • b) Statement of the Secretary of State showing the change of address

Industrial Design

• Filing the Application – Requirements (top)
  • Name and address of the Applicant
  • Name and address of the author or notice that the author chooses not to be mentioned in the application
  • Information regarding the number of external shapes the protection is requested for
  • Full and short title of the industrial design
  • A two-dimensional presentation of the shape being the subject of protection (photograph or a graphic presentation of the product the protection is requested for)
  • Power of Attorney simply signed by the representative of the Applicant. The PoA can be submitted subsequently
• Registration Procedure (top)
  • The Design Application is to be published within 12 months as from the application date or priority date if the priority has been claimed. If there are no absolute grounds for refusal, the Office will grant the Design and the granted Design will be published in the Official gazette
  • The fees are payable each five years. During the last year of the previous protection period, the fees for the following five years protection period should be paid. The fees can be paid with 50% fine within six months as from the expiry date
• Duration (top)
  • Maximum 25 years as from the Application date
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • Power of Attorney simply signed by the Assignor
  • Power of Attorney simply signed by the Assignee
  • Assignment document simply signed by the Assignor and the Assignee. No legalization or notarization is required
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, simply signed by a representative of the Company and simply signed Power of Attorney with the inserted old name in case that we were not the Agent of the file
  • a) Extract from the Company Registers showing the change of name or
  • b) Statement of the Secretary of State showing the change of name
  3. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company
  • a) Extract from the Company Registers showing the change of address or
  • b) Statement of the Secretary of State showing the change of address