An application for a declaration of invalidity of a trademark may be made if:

1. the trademark has been registered in breach of Articles 42 and 43 of the Industrial Property Act, taking into account the date of filing of the application;
2. the trademark was registered contrary to Article 44 of the Industrial Property Act, taking into account the date of filing of the application;
3. the applicant has not applied for the trademark in good faith.

An application for a declaration of invalidity of a collective mark may also be made if, taking into account the date of filing of the application, the collective mark was registered in breach of Article 45, 46 or 46a of the Industrial Property Act.

Any person may apply for a declaration of invalidity of a trademark under point 1).

An application for a declaration of invalidity of a trademark under point 2) may be made by:

• the proprietor of the earlier trademark;
• the proprietor of a previously acquired unregistered sign used in the course of trade, as referred to in Article 44(1)(d) of the Industrial Property Act;
• the proprietor of a trademark referred to in point (e) of the first paragraph of Article 44 of the Industrial Property Act, which has been applied for in his name by his agent or representative without his consent;
• the person entitled to use the designation of origin or geographical indication referred to in point (f) of the first paragraph of Article 44 of the Industrial Property Act;
• the holder of another previously acquired right referred to in point (g) of the first paragraph of Article 44 of this Industrial Property Act.
• an application for a declaration of invalidity of a trademark under point (c) may be brought by any person having a legal interest.

The trademark shall be declared invalid on the date on which the decision becomes final. The invalidity of the trademark shall take effect from the date of filing of the application for registration of the trademark.

Application for revocation or for a declaration of invalidity of a trademark

An application for revocation or for a declaration of invalidity of a trademark shall be filed in accordance with the Trademark Regulations. The application may be filed electronically and in writing (in at least two copies) directly with the Slovenian Intellectual Property Office or by post to the address of the Office:

The Slovenian Intellectual Property Office

Kotnikova ulica 6

1000 Ljubljana

The request for revocation or declaration of invalidity of the trademark must contain information on the applicant (surname, forename and address or business name and registered office), information on any representative (surname, forename and registered office and registration number of the representative), reasons and evidence for the revocation or declaration of invalidity of the trademark, a statement of the trademark to which the application relates, evidence of the grounds for the application, unless revocation is sought on the ground of non-use, an indication of the goods or services which are the subject of the application, or a statement that the application relates to all goods or services, and a translation of the evidence in the Slovene language, if the evidence is in a foreign language.

At the same time as the request referred to in paragraph 1 of this Article is filed, or at the latest within three months of the service of the request by the Office, the fee for revocation or declaration of invalidity of the trademark (500 EUR) shall be paid and, if the request is filed through a representative, a power of attorney for representation shall be produced.