Revocation of a trademark
A trademark may be revoked if:
- the proprietor has not, without good reason, for a continuous period of five years, made genuine and effective use of the trademark in the Republic of Slovenia, in accordance with Article 52b of the Industrial Property Act, to designate the goods or services in respect of which the trademark is registered. In proceedings for revocation of a trademark for non-use, the proprietor shall prove the use of the trademark.
- the trademark has, by reason of the acts or omissions of the proprietor, become a common name in the trade for the goods or services in respect of which it is registered; or
- the proprietor of the trademark, or someone else with his consent, uses the trademark in respect of the goods or services in respect of which it is registered in such a way as to deceive the public, in particular as to the nature, quality or geographical origin of those goods or services.
In addition to the grounds referred to in Article 110c of the Industrial Property Act, an application for revocation of a collective trademark may also be made if, on the date of filing of the application, the following ground is present:
- the proprietor of the collective trademark fails to take reasonable measures to prevent the trademark from being used in a manner incompatible with the conditions of use laid down in the regulations referred to in Article 46 of this Act, including an amendment to the regulations entered in the Register;
- the beneficiaries of the use of the collective trademark have used the trademark in such a way as to cause deception of the public within the meaning of point (b) of Article 46a of this Act; or
- an amendment to the regulations referred to in Article 46 of this Act has been entered in the Register in contravention of Article 46(3) of this Act, unless the proprietor of the collective trademark amends the regulations referred to in Article 46 of this Act in such a way as to comply with the requirements of Article 46(3) of this Act.
Any person may file an application for revocation of a trademark.
A trademark shall be revoked for non-use in respect of those goods or services for which it is established that the trademark has not been used in the territory of the Republic of Slovenia. The revocation shall take effect from the date of filing of the request for revocation. At the request of one of the parties, an earlier date may be fixed for the date of effect of revocation if one of the grounds for revocation already existed on that date.