GREEN DOT - Crucial decisions of the Industrial Property Office of the Slovak Republic concerning the validity of Trademarks No. 585713, 585714, 653449 and 653450
The Industrial Property Office of the Slovak Republic (hereinafter referred to as “Office”), represented by the President of the Office, issued within the appellate proceedings, on 21st December 2011, decisions on the trademark revocation requested pursuant to Section 34, Subsection 1, letter a) of Act No. 506/2009 Coll. on Trademarks as subsequently amended, namely: Decisions MOZ 585713 II/141-2011, MOZ 585714 II/143-2011, MOZ 653449 II/145-2011, MOZ 653450 II/147-2011, which partially cancelled, for the territory of the Slovak Republic, the validity of International Trademarks No. 585713, 585714, 653449 and 653450 for all goods falling under classes 1,2,3,5,6,7,8,9,11,16,20,21,24,25,29,30,32,34, for all services falling under class 36, and for “public relations” services falling under class 35 as per the international classification of goods and services.
Concurrently, the Office decided that International Trademarks No. 585713, 585714, 653449 and 653450 should remain in validity for the territory of the Slovak Republic for all services falling under classes 39, 40, 42 and for the services “consultancy for consumers and enterprises in matters related to the environment and wastes, i.e. reduction of the production of wastes, collection, transport, sorting of recycled materials, and elimination of wastes and raw materials for recovery purposes, consultancy for enterprises producing or using packages and/or packaging materials) in class 35 as per the international classification of goods and services.
The partial revocation of International Trademarks No. 585713, 585714, 653449 and 653450 for the territory of the Slovak Republic is, pursuant to Section 34, Subsection 5 of Act No. 506/2009 Coll. on Trademarks as subsequently amended, effective as of 6th December 2007.
The proprietor of International Trademarks No. 585713, 585714, 653449 and 653450 “GREEN DOT” is the company Der Grȕne Punkt Duales System Deutschland GmbH, Frankfurter Strasse 720-726, 511 45 Cologne, Germany while for the territory of the Slovak Republic, the right to use the above mentioned trademarks has been granted, based on a licence agreement, to ENVI-PAK, a.s., Galvaniho 7/B, 821 04 Bratislava, Company Reg. No. 35 858 010, which company has also been granted the right to sublicense third parties (based on a written agreement) to use any of them in the Slovak Republic.
The said decisions of the Office are final and, under Section 61(2) of Act No. 71/1967 Coll. on Administrative Procedure as amended, unappealable.
In consequence of the above mentioned decisions, International Trademarks No. 585713, 585714, 653449 and 653450 are considered to be invalid as of 6th December 2007 in the territory of the Slovak Republic for goods falling under classes 1,2,3,5,6,7,8,9,11,16,20,21,24,25,29,30,32,34, for all services falling under class 36, and for “public relations” services in class 35 as per the international classification of goods and services.
The licensee, ENVI-PAK, a.s., may not forbid third parties to use any of such international trademarks on goods (packages) or services of the above mentioned classes.
March 8th, 2012
