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.
