A trademark is not just a symbol or a logo—it is the identity of a brand. It represents the value, trust, and reputation that an entrepreneur builds over many years. If someone owns a trademark such as SAMSUNG, ŠKODA, or PUMA, they have the right to prevent others from using identical or confusingly similar signs for the same goods or services.

The Brand as the Heart of a Business

A trademark grants its owner the exclusive right to use a sign on the market and protects it from free-riding, misuse, or imitation, primarily in relation to the registered goods and services. However, this leads to the first crucial rule: a trademark is not automatically valid worldwide and does not provide protection for all goods and services.

Many entrepreneurs are unaware that trademark protection is not global by default. If you have a trademark registered in Slovakia, its protection does not extend to the borders of the EU—it ends at the borders of Slovakia.

The Territorial Principle: Protection Only Where It Is Secured

The fundamental principle of the trademark system is territoriality. This means that a trademark is valid only in the territory where it has been registered.

For example, if you register a trademark in the Slovak Republic, it is protected only in Slovakia. If someone uses the same mark in the Czech Republic, Austria, or Poland, you cannot automatically act against them unless you also have the trademark registered there.

This principle reflects the fact that each country has its own legal system, intellectual property office, and laws. Although international agreements aim to simplify procedures, trademark protection itself remains tied to specific territories. A unified global trademark does not exist—though there are effective ways to come close.

Three Levels of Protection: From National to International

Today, there are three main routes for trademark registration:

1. National Trademark

Registration is carried out within a single country (e.g. Slovakia, the Czech Republic, the USA).

Applications are filed with the national office—in Slovakia, the Industrial Property Office of the Slovak Republic.

    • Advantage: Low fees and a relatively simple process
    • Disadvantage: Protection limited to the territory of that country

2. Regional (Supranational) Trademark

The best-known example is the European Union Trade Mark (EUTM), administered by the European Union Intellectual Property Office (EUIPO) in Alicante.

    • One registration provides protection in all 27 EU Member States
    • Advantage: Efficient, uniform protection across the EU internal market
    • Disadvantage: If the application is refused (e.g. due to a conflict in one Member State), the refusal applies to the entire EU. To maintain protection elsewhere, the applicant must convert the EUTM application into national applications.

3. International Trademark (the Madrid System)

This system allows a single international application designating the countries where protection is sought, provided they are members of the Madrid Agreement and/or the Madrid Protocol. It is administered by the World Intellectual Property Organization (WIPO) in Geneva.

    • Advantage: Simplified administration—one application and one set of fees (depending on the selected countries, number of classes, and whether the mark is a word mark or a color logo)
    • Disadvantage: Protection still consists of a bundle of national rights. Each designated country examines the application under its own laws. If objections arise, a local representative must be appointed.
    • Disadvantage: Due to longer statutory time limits under international treaties, registration may take 12 to 18 months even if no objections or oppositions are raised. However, if no obstacles arise, the trademark is registered without additional costs and is valid for 10 years from the filing date.

The Myth of a “Global” Trademark

A common misconception is that there exists a single trademark valid “worldwide.” Such protection does not exist and cannot be obtained through a single application.

The reason is simple: there is no global authority managing a unified trademark database and protection system. The world is divided into jurisdictions with different laws, languages, fees, and approaches to assessing similarity.

If you want your mark protected in the EU, the USA, and Japan, you must either:

    • file three separate applications (EU, USA, and Japan), or
    • use the Madrid System and designate these jurisdictions in one application (note: the EU is treated as a single jurisdiction for trademark registration purposes).

What Does “Dual Protection” Mean?

Dual trademark protection refers to a situation where a sign is protected simultaneously on two levels—national (e.g. Slovakia) and European or international.

This involves a combination of legal instruments:

    1. National trademark – registered with the Slovak Industrial Property Office (ÚPV SR), valid only in Slovakia.
    2. European Union Trade Mark (EUTM) – registered with EUIPO, valid in all EU Member States, including Slovakia.
    3. International trademark (WIPO) – registered via WIPO, allowing protection in multiple countries selected according to the client’s expansion plans or existing business activities.

Dual protection arises when an entrepreneur combines two of these forms—for example, holding both a Slovak trademark and an EUTM. The result is broader, more stable, and more flexible legal protection.

Why Dual Protection Is Advantageous

Although one registration may seem sufficient, practice shows that dual protection offers several key benefits:

1. Stronger Legal Position

With protection on two levels, you hold two independent legal titles. If one is challenged or cancelled (e.g. an EUTM), the other may remain valid, and vice versa.

2. Business Flexibility

Smaller companies may start with a national trademark to cover the domestic market and later add EU or international protection as they expand. Larger companies often do the opposite—securing EU protection first and then national registrations for strategically important markets.

You pay only for the markets where you operate or plan to enter.

3. Efficient Management – One Central System

Thanks to the Madrid System, changes such as name, address, or ownership can be managed centrally. A single request filed with WIPO applies to all designated countries.

4. Time and Cost Savings

Instead of filing dozens of separate applications, international and regional systems (such as the Madrid System, ARIPO, OAPI, or the EU system via EUIPO) allow a single application and a single fee, significantly reducing administrative burden and enabling businesses to focus on growth.

5. Prevention of Misuse and Counterfeiting

Registering in key markets in advance helps prevent others from “occupying” your trademark—a practice known as trademark squatting, particularly common in parts of Asia.

6. Increased Brand Value

A trademark is not just a legal document—it is a valuable asset. Broader territorial protection increases the brand’s market value and signals long-term commitment to brand identity and credibility to investors and partners.

Points to Watch

Even parallel protection has its limits:

    • Different legal systems: what is acceptable in the EU may not be acceptable in the USA or China, and vice versa.
    • Language and cultural differences: some words may have undesirable meanings abroad.
    • Use requirements: in some countries, a trademark can be cancelled if not genuinely used for several years.
    • Costs: fees may increase significantly when expanding beyond the EU, making strategic planning essential.

How to Approach Multi-Territorial Protection

    1. Analyze markets – identify where you operate or plan to operate, and secure protection early.
    2. Conduct a trademark search – do not rely solely on Google or free databases; professional searches are far cheaper than later rebranding or damages.
    3. Choose the right system – national, EU, or Madrid, depending on your needs.
    4. Remember renewals – protection lasts 10 years and can be renewed indefinitely.
    5. Monitor competitors – trademark protection grants exclusivity, but it also requires ongoing market monitoring to prevent confusingly similar registrations.

Common Questions and Misconceptions

    1. “I have a company name, so the sign belongs to me.”
    2. Not entirely. A company name is protected under commercial law and unfair competition rules, but not to the same extent as a trademark.
    3. “A domain registration is enough.”
    4. No. A domain name is merely an address, not legal trademark protection.
    5. “This doesn’t concern me—I’m a small business.”
    6. Small businesses are often the most vulnerable. Without trademark protection, someone else may register your sign and restrict your future expansion, harm your reputation, or intimidate your customers and partners with legal threats.

Why Dual Protection Is Worth It

In a competitive, digitally driven environment, protecting your name, logo, or slogan is essential. Dual trademark protection brings legal certainty, stability, value, and respect to your business.

Whether you are a sole trader, small business, artist, or startup—if you have created something with a unique name, appearance, or symbol, it is worth protecting. The sign you protect today may become your most valuable asset tomorrow.