The system for trademark protection in Slovenia includes the following:

• Registration

Slovenia belongs to the following international treaties:

• Registration
• Paris Convention
• Madrid Agreement
• Madrid Protocol
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
• Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
• Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
• Nairobi Treaty on the Protection of the Olympic Symbol
• Trademark Law Treaty ("TLT")

The benefits of registering a trademark in Slovenia include: 

• It is the only form of protection available for trademarks
• Entitles the proprietor to bring an infringement action
• Others, please specify Registering a name or a slogan in a foreign language as a trademark may improve the trademark holder's position under the Slovenian Public Use of the Slovene Language Act and the Consumer Protection Act when using a foreign language in marketing.

Documents and information required to file a trademark application in Slovenia include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Power of Attorney
• Others, please specify
  • Power of Attorney ("POA"): Applicable when the application is being filed through a representative (which is mandatory for foreign individuals and legal persons having neither residence nor real and effective industrial or commercial establishment in the Republic of Slovenia); an original POA, signed by the official representative of the applicant should be submitted (no notarization or legalization required);
  • proof of payment of the application fee;
  • text of the application in the Slovenian language (if the application has initially) been submitted in a foreign language;
  • notification address to which the Slovenian Intellectual Property Office sends the documents and other notices;
  • information about the representative (if the application is submitted through a representative), who must be entered in the register of representatives at the Slovenian Intellectual Property Office;
  • an indication of the declaration of the joint representative where there are several applicants and opt for a joint representative;
  • information on the priority right claimed and the basis for it;
  • information on the mark for which registration is sought:
  • type of mark,
  • the color or combination of colors of the sign with textual part, if the mark is not in black and white, and in the case of a color mark, the definition of the color or colors with a generally recognized color code;
  • a description of the mark or other indication of the mark, if necessary depending on the display and the type of mark; 
  • transcription of the mark, if possible: if the mark or part of the mark consists of non-Latin letters or non-Arabic or Roman numerals, the transcription of the mark or part thereof with Latin letters or Arabic numerals should be indicated;
  • an indication if the application is for a collective trademark.

Yes, multi-class applications are permitted in Slovenia. There is no maximum number of classes is prescribed.

Yes, there are substantive examinations of trademarks on the following grounds: 

• Substantive grounds
• Relative grounds
• Others. Marks are examined on relative grounds only upon an opposition

Absolute grounds for refusal of a trademark in Slovenia include: 

• Mark consists of a non-invented word(s)
• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive
• Mark consists of a geographical name
• Others, please specify Mark consisting exclusively of signs or indications which have become customary in the use of the language or in established practice of trade; mark consisting exclusively of a shape or other characteristic deriving from the very nature of the goods or of a shape or other characteristic of the goods which is necessary to achieve a technical effect or which gives the goods essential value; mark that is contrary to public policy or morality; mark that misleads the public, in particular as to the nature, quality or geographical origin of the goods or services; mark for which no permit has been issued by the competent authorities and must be refused on the basis of Article 6ter of the Paris Convention; mark which contains or imitates signs, emblems or coats of arms which are not covered by Article 6ter of the Paris Convention but which have a special public significance, unless they have been authorized for registration by the competent authorities; mark that is excluded from registration in accordance with European Union regulations or international treaties to which the European Union is a party, ensuring the protection of traditional terms for wine; mark that excluded from registration in accordance with the regulations of the European Union or international treaties to which the European Union is a party, which ensure the protection of traditional specialties guaranteed; mark consisting of a previously registered denomination of a plant variety in accordance with the regulations of the Republic of Slovenia or the European Union or international treaties to which the Republic of Slovenia or the European Union is a party, ensuring plant variety rights and relating to plant varieties of the same or essential elements of this name.

Relative grounds for refusal of a trademark in Slovenia include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well known mark: There is a well know mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well known mark: There is an earlier registered mark which is well known for different goods or services and use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark
• Others, please specify A trade representative of the trademark proprietor registers a mark in his own name without the consent of the trademark proprietor; if the use of the mark may be prohibited on the basis of a registered designation of origin or geographical indication for which the application was filed in accordance with the regulations of the Republic of Slovenia or the European Union governing the protection of designations of origin or geographical indications before the filing date; if the use of the mark may be prohibited by virtue of a previously acquired right to a name, personal image, copyright or other industrial property rights unless the proprietor of the previously acquired right has expressly consented to the registration of such mark.

The time period from application to registration in Slovenia is between 6-12 months.

Yes, evidence of use needs to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Slovenia. Renewal is possible in the period of six months from the due date of the maintenance fee, by payment of the maintenance fee and a fee for the late payment, which amounts to 50% of the total amount of the maintenance fee.

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Slovenia. Registering or renewing a trademark does not require proof of use, but a mark can be canceled for non-use if, within consecutive 5 years from the registration date or from the last day of serious and effective use, the owner fails to use the mark with respect to the goods or services for which it is registered (any interested party may file an action with a court requesting cancellation of a mark). Other cases where providing evidence of use is required, is when the trademark applicant/holder uses “non-use defense” in oppositions, non-use revocations, and infringement proceedings. Except for opposition, the mentioned proceedings are court proceedings.

No, trademark licensees are not required to record themselves with the Registrar in Slovenia, however, this is recommended. A license can be recorded at the request of one of the contracting parties to the Licencing Agreement. The request is filed in the form of a request for the recordal of a change in the register. Information & documents required: information on the license and the licensee: surname, name and address in the case of an individual, or company and registered office in the case of a legal person; an original or notarized copy of the Licencing Agreement (translation is normally not required).

Available enforcement methods in Slovenia include:

• Civil enforcement
  • Infringement action
• Criminal enforcement
• Border or other administrative enforcement measures

None identified.