Legal Q&A · IT, Software & E-commerce

Someone has applied for a trademark similar to ours. How and by when can we oppose it?

Law as at 29 August 2026

Short answer

Opposition is filed with the Slovak Industrial Property Office within three months of publication of the application in its bulletin. The deadline is strict: later additions, expanded grounds and evidence are disregarded, so the filing must be complete from the outset. Monitoring competitors' applications continuously is worthwhile. After registration, the longer route of an invalidity application remains.

The Slovak Industrial Property Office’s bulletin contains an application for a sign dangerously similar to your mark. Publication is not registration: this is precisely the point at which registration can be prevented. The opportunity is short and strictly limited.

Three months from publication in the bulletin

Act No. 506/2009 Coll. on Trademarks provides:

After publication of an application in the bulletin, a person referred to in Section 7 (the “opponent”) may file opposition on the grounds under Section 7 within three months of publication. Opposition must be reasoned and supported by evidence. Additions or extensions to opposition and evidence submitted after this period shall be disregarded.

— Section 30(1) of Act No. 506/2009 Coll. (unofficial English translation)

The period runs from publication in the bulletin, not when you learn of the application. Only a person with an earlier right under Section 7 may oppose, most commonly the owner of an earlier identical or similar mark for identical or similar goods and services.

A strict filing deadline for grounds and evidence

The third sentence of the quoted provision is central. Opposition is more than a letter expressing disagreement: it requires the complete legal argument and all evidence together, including proof of your earlier mark, comparison of the signs and goods or services, and evidence of reputation if relied upon. If opposition is not properly and timely filed, the Office discontinues proceedings (Section 31(1)).

An administrative fee under Act No. 145/1995 Coll. on Administrative Fees is payable on filing. If unpaid, the Office requests payment within 15 days of service of the request and discontinues proceedings if payment is not made (Sections 8(1) and 9 of that Act). Anticipate the applicant’s defence too: they may require proof of genuine use of your earlier mark. Non-use weakens the case; see whether an unused trademark can be lost.

Why monitoring the bulletin is worthwhile

The earlier mark’s owner must raise identity or similarity before the Office through opposition. If nobody opposes in time and registration requirements are met, the Office registers the sign (Section 33(1)). Systematic bulletin monitoring is therefore the most reliable way to discover the three-month window. The same logic applies to EU trademarks: opposition before EUIPO must be filed within three months of publication (Article 46 of Regulation (EU) 2017/1001).

If the deadline has passed

Registration does not end the matter. An application for a declaration of invalidity may be filed on the same Section 7 grounds (Section 35(3) of Act No. 506/2009 Coll.). However, it is longer and more costly than opposition, while the registered mark formally belongs to the other party in the meantime. Unfair competition protection may also be available if the other party actually uses the sign.

How we can help

We arrange bulletin monitoring and prepare evidence-supported opposition through our trademark service. If the proceedings develop into a dispute over the sign, we handle it as an intellectual property dispute. Where someone exploits your name, unfair competition protection may also help.

If the deadline is already running, contact us promptly. Three months is less time than it seems for assembling evidence.

This answer provides general information on the law as at 29 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. Our client is not supplying materials or testing during software development. Must we still meet the deadline? While you are waiting for cooperation the client owes under the contract, it is the client, not you, who is in delay. The Commercial Code states expressly that a debtor is not in delay where it cannot perform as a result of the creditor's delay, and a client who fails to provide the necessary cooperation is a creditor in delay. If the client fails to provide that cooperation even within an additional reasonable period, you may withdraw from the contract and claim the price reduced by what you have saved. What matters, therefore, is whether the cooperation is identified in the contract and whether you are notifying its absence in a demonstrable way.
  2. May our licence terms prohibit a back-up copy and the study of our software? Not entirely. Copyright law allows a lawful user, without the author's consent, to make a back-up copy of a program, to study and test how it functions, and to decompile the code to the extent necessary to achieve interoperability with another program. The EU directive which the Act implements declares contractual provisions contrary to those entitlements void from the outset. Licence terms should therefore prohibit what the law does not give the user: copying beyond the licence, disclosure of information obtained by decompilation, and its use to develop a similar program.
  3. A customer wants to resell a licence to our software. May we prohibit that? It depends on what you sold the customer. If it received a copy of the program with a licence for an unlimited period for a one-off price, the author's right to control further sale of that copy has been exhausted within the EU, and a prohibition in the licence terms will not prevent it. The customer must, however, make its own copy unusable and may not divide a multi-user licence. With a subscription, a licence limited in time or SaaS, no sale of a copy takes place and assignment of the licence is subject to the contract and to the author's consent.
  4. A customer is leaving our SaaS service for another supplier. Must we assist with the switch? Yes. Since 12 September 2025, the EU Data Act has applied, requiring providers of data processing services, including SaaS, to enable a customer to switch to another provider and to port its exportable data. The contract must provide for a notice period for initiating the switch of no more than two months, a transitional period of no more than 30 days, and a data retrieval period of at least 30 days. From 12 January 2027 you may no longer charge any fees for switching, unless the service is a custom-built one under Article 31.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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