Legal Q&A · IT, Software & E-commerce

We have a registered trademark but do not use it. Can we lose it?

Law as at 29 August 2026

Short answer

Yes. If a mark has not been genuinely used in Slovakia for an uninterrupted period of at least five years, the Office revokes it on a third party's application. The law presumes non-use, which the owner must rebut. The same rule applies to EU marks under Article 58(1)(a) of Regulation (EU) 2017/1001. An unused mark also weakens as an enforcement tool: in opposition proceedings, the other party can demand proof of genuine use.

You registered a mark years ago, the project moved on, and the sign remains unused in the register. Registration continues without forcing you to use it. After a certain point, however, the mark becomes vulnerable to challenge.

Five years of non-use exposes the mark to revocation

On a third party’s application, the Office shall revoke a trademark if (a) it has not been genuinely used in Slovakia for the goods or services for which it is registered for an uninterrupted period of at least five years. Unless the owner proves otherwise or has proper reasons for non-use, the trademark is deemed not to have been used in Slovakia for five consecutive years.

— Section 34(1)(a) of Act No. 506/2009 Coll. (unofficial English translation)

Note the reversed burden of proof: the law presumes non-use, and the owner must prove use or proper reasons. The applicant uses the Office’s form and attaches reasons, the requested decision and evidence. Revocation can cover only some goods or services (Section 34(4)). Genuine commercial use for the registered goods and services is decisive, rather than registration alone.

Last-minute resumed use may not help

The law also addresses owners who revive a mark only when a threat appears. The Office will not revoke a mark if genuine use began or resumed before the application. However, use begun or resumed during the final three months before filing is disregarded if preparations started only after the owner learned an application might be filed (Section 34(1)(a)). A cosmetic revival just before a dispute therefore will not save the mark.

The same rule applies to EU trademarks

Article 58(1)(a) of Regulation (EU) 2017/1001 provides for revocation of an EU trademark where it has not been put to genuine use in the Union for an uninterrupted five-year period without proper reasons. EUIPO’s proof-of-use guidelines separately address justified non-use. Anyone relying on proper reasons must prove them, and an ordinary business decision to postpone a project does not qualify.

An unused mark also weakens as an enforcement tool

Consequences can arise before a revocation application. If you oppose someone else’s application, they may demand proof of genuine use of your earlier mark, potentially defeating the opposition. See how and when to file opposition. Build evidence continuously: invoices and delivery notes bearing the sign, dated catalogues and price lists, packaging and premises photographs, and archived websites and campaigns. If a licensee uses the mark over the long term, retain evidence of their use too.

How we can help

Our trademark service identifies portfolio vulnerabilities after five years and establishes records of use. If a revocation application has arrived, or you are considering one against a competitor’s blocking mark, we handle proceedings as an intellectual property dispute.

If the five-year period is approaching, contact us before someone else starts counting it for you.

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. 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.
  2. 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.
  3. 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.
  4. Can we increase the subscription price for our SaaS customers during the term of the agreement? Only if you reserve the right in advance in the agreement and observe the statutory limits. Against consumers, a term allowing the trader to change the contractual terms unilaterally without a ground agreed in the agreement, or to increase the price substantially without the consumer being able to withdraw, is unfair. For open-ended agreements the Act expressly permits a reserved change of terms where the trader gives written notice a reasonable time in advance and the customer may terminate free of charge as of the date the change takes effect. Between businesses the agreement governs; in Czechia the Act itself sets out when a supplier may change its standard terms.

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

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