The Intellectual Property Office (IPO) recently allowed the registration of the trademark CARIER in respect of clothing and refused an opposition brought by Cartier S.A., of Paris, France, based on the International Registration for the famous trademark CARTIER.

Cartier argued, not only that the respective marks were similar and covered similar goods, but also that the CARTIER mark was famous and that to allow use of the CARIER mark on mass-produced clothing would be harmful to the reputation of the CARTIER mark.

The IPO rejected Cartier's arguments summarily, holding that the two marks were not confusingly similar and refusing to accept the French company's claim that its mark was famous.

This ruling seems to be inconsistent with present Slovenian trademark law which provides specific protection for famous marks, and prohibits the use of marks which are similar thereto, even for different goods or services.

Since there is no provision in the law for an administrative appeal from the IPO's decision, Cartier S.A. has commenced proceedings before the Supreme Court to have the IPO's decision set aside. Accordingly, there is at present considerable uncertainty as to the extent that a famous mark will be accorded protection in Slovenia.