One national trade mark is not sufficient. A Slovak trade mark protects you in Slovakia, and a Czech trade mark in Czechia. For both markets, you can hold two national trade marks, a Slovak or Czech trade mark supplemented by an international registration designating the other country, or a single European Union trade mark valid throughout the Union. An EU trade mark is particularly worthwhile if you plan to enter other EU countries as well. However, an earlier trade mark from any Member State may block its registration. In that event, it can be converted into national applications while retaining the filing date.
A trade mark provides protection only in the territory for which it is registered. A Slovak trade mark registered by the Industrial Property Office of the Slovak Republic under Act No. 506/2009 Z. z. on Trade Marks gives you an exclusive right in Slovakia; a Czech trade mark under Act No. 441/2003 Sb. on Trade Marks gives you an exclusive right in Czechia (Section 8(1) of both Acts). If you sell in both countries, you need protection in both. You can obtain it through two national trade marks, an international registration or a single European Union trade mark. The registration process itself is described in the article how to register a trade mark.
Two national trade marks or an international registration
The protection afforded by each national trade mark is assessed separately. If the proprietor of an earlier Czech trade mark successfully opposes your Czech application, this does not affect the Slovak trade mark. If you have not genuinely used a Slovak trade mark in Slovakia for a continuous period of at least 5 years, the Office will revoke it at a third party’s request unless you have proper reasons for non-use (Section 34(1), letter a), of Act No. 506/2009 Z. z.). The question revocation of a trade mark for non-use discusses this in detail.
You do not have to apply separately to the Czech Office for protection in Czechia. You can apply through the Industrial Property Office of the Slovak Republic for an international registration under the Madrid System (Section 46 of Act No. 506/2009 Z. z.) and designate Czechia. An international registration designating the Czech Republic has the same effects as a Czech national application (Section 48(1) of Act No. 441/2003 Sb.). However, during the first 5 years following international registration, protection in Czechia depends on the Slovak application or trade mark. If the Slovak application fails or the registration ceases to have effect during this period, protection under the international registration cannot be relied on in Czechia either (Article 6(3) of the Madrid Protocol). Subject to the conditions in Article 9quinquies of the Protocol, it can then be replaced by a Czech national application retaining the original date. A Czech business can follow the equivalent procedure through the Czech Office (Section 47 of Act No. 441/2003 Sb.); an international registration designating Slovakia has the same effect as a Slovak national application (Section 47(1) of Act No. 506/2009 Z. z.) and depends on the Czech basic application or trade mark for 5 years.
One trade mark for the entire Union
An EU trade mark, registered by EUIPO, has a unitary character and the same effects throughout the Union. It may be registered, transferred or declared invalid only for the Union as a whole (Article 1(2) of Regulation (EU) 2017/1001). A single application therefore covers Slovakia, Czechia and any other markets you plan to enter. Genuine use is assessed within the Union (Article 18(1)).
However, this unitary character also carries a risk. The proprietor of an earlier trade mark registered in any Member State may oppose the application (Article 8, paragraph 1 and paragraph 2, letter a)), so a trade mark from a country where you do not sell may block registration for the entire Union. Before filing an EU application, you should therefore conduct a search across the whole Union, not just Slovakia and Czechia.
When conversion and seniority can help
If an EU trade mark application is refused or withdrawn, or an EU trade mark ceases to have effect, you may request its conversion into national applications (Article 139(1)). Slovak law provides as follows:
The following quotation is reproduced in its original language:
Národnej prihláške, ktorá vznikla premenou prihlášky ochrannej známky EÚ alebo premenou ochrannej známky EÚ, sa prizná dátum podania a dátum práva prednosti z tejto prihlášky alebo ochrannej známky, prípadne aj právo seniority.
However, conversion is not possible for a country in which, according to a decision of the Office or a court, a ground for refusal, revocation or invalidity applies to the application or trade mark (Article 139(2), letter b)). Thus, if an earlier Czech trade mark blocks the EU application, it cannot be converted into a Czech application. Conversion into a Slovak application is generally possible. You have 3 months to request conversion, running, depending on the circumstances, from notification by the Office, withdrawal of the application or expiry of the trade mark, or the final decision (Article 139, paragraphs 4 to 6). Where a trade mark has been revoked for non-use, conversion is possible only for a country where the mark was used in a manner that constitutes genuine use under that country’s law (Article 139(2), letter a)).
If you already hold a Slovak or Czech trade mark and file an EU application for an identical mark covering identical goods or services, you may claim the seniority of the earlier national trade mark (Article 39(1)). If you subsequently allow the national trade mark to lapse, you retain the same rights in that country as if it were still registered (Article 39(3)).
We will compare your current and planned markets, conduct a search within the scope of your chosen registration route, and file your application with the Industrial Property Office of the Slovak Republic, the Czech Office, EUIPO or internationally through the Madrid System as part of our trade mark service. The question invoice for trade mark registration explains what to do if you receive an invoice from a private “register” after registration.
This answer provides general information on the law as at 3 October 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.
