Not automatically. A trademark owner may prohibit the use in the course of trade of an identical sign for identical goods and services, and of a similar sign where there is a likelihood of confusion, but not to the detriment of rights acquired before its application was filed. In alternative dispute resolution for a .sk domain it is also examined whether you have a right or legitimate interest in the domain and whether you acquired and used it in good faith. Do not ignore the demand, but nor should you comply with it before checking your position.
A company has run an e-shop on its domain for years. Then a letter arrives from the owner of a trademark in a similar wording: the domain is to be transferred, failing which court proceedings or a domain dispute will follow. The demand may be justified, but it may also claim more than the trademark gives its owner. What matters is how you use the domain, for which goods and services the mark is registered, and who had their rights first.
What the law gives a trademark owner
The exclusive right in a trademark attaches to the goods and services for which it is registered and to use in the course of trade:
Unless Sections 14 to 15 provide otherwise, and without prejudice to rights acquired before the filing date of the application or before the priority date of the trademark, third parties may not, without the consent of the trademark owner, use in the course of trade in connection with goods or services a sign […]
— Section 8(2) of Act No. 506/2009 Coll. (unofficial English translation)
The prohibition covers an identical sign for identical goods or services, a sign giving rise to a likelihood of confusion, including the likelihood of association, and, for a mark with a reputation, use which would take unfair advantage of that reputation. If the owner proves this, it may seek a prohibition, removal of the consequences and damages (Sections 8a(1) and (2)).
For your defence it therefore matters whether you do business in the field for which the mark is registered, and whether your own rights, such as a business name, arose before the application was filed. The law also does not allow the owner to prohibit a natural person from using their own name, or anyone from using descriptive indications of the kind, quality or purpose of goods, where these are used in accordance with commercial usage, good morals and the rules of competition (Sections 14(1) and (2)). If the mark has been registered for at least five years, you may require the owner in court proceedings to prove genuine use of it (Section 14a(2)). More on this in the question on revocation of a trademark for non-use.
A dispute under the domain registry rules
For a .sk domain, a trademark owner may also turn to alternative dispute resolution under the SK-NIC rules. There the complainant must allege identity or similarity of the domain with a protected sign, a likelihood of confusion and, at the same time, that the domain was registered or acquired without a right or legitimate interest and was not registered, acquired and used in good faith. The absence of a right or legitimate interest on the holder’s part may, however, be treated by the expert as established by the filing of the complaint alone unless the holder proves otherwise, so the evidence is needed from you. The expert may recognise a legitimate interest where, for example, you genuinely used the domain in a bona fide offering of goods or services before notice of the dispute, or where you acquired it more than 60 days before the protected sign arose. The expert may decide only on transfer of the domain or termination of its registration, and will award neither damages nor costs. If the decision goes against you, SK-NIC will not implement it if, within the period of 10 days under point 7.5 of the rules, you show it that you have commenced proceedings against the complainant before a court or an arbitral tribunal seeking to reverse the outcome.
With .cz and .eu domains the complainant is in a better position: under the CZ.NIC rules and under Article 4(4) of Regulation (EU) 2019/517, besides identity or confusing similarity it need prove only either registration without a right or bad faith.
How to respond to the demand
Do not transfer the domain and do not sign anything until the basis of the demand has been assessed. Check in the register the filing date of the trademark application and the list of goods and services. Secure evidence of your own use of the domain and of the sign, such as invoices, a web archive and advertising. Reply to the demand in writing and to the point. If the other side is right on some matters, an agreement on coexistence of the signs is usually cheaper than a dispute.
We assess your position, respond to the demand and conduct domain disputes under our domains and domain disputes service, and court proceedings as part of intellectual property disputes. If you have no trademark of your own, consider registering one. The opposite situation is discussed in the question on someone registering a domain with my name.
This answer provides general information on the law as at 12 September 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.
