How to apply

Trademarks

Do you want your products and services to be different from the same or similar products/services of other producers and to prevent others to copy you?
You are on the right place!

What is trademark?

Trademark is a right that protects a sign which is used in trade for the distinguishing of goods and services of one natural or legal person from the goods or services of another natural or legal person.

Protect your sign. Be unique and recognizable!

Legal protection of your sign is realized in the procedure before the Intellectual Property Office through trademark protection.

Sign protected by a trademark can be composed of any signs, in particular words including personal names or drawings, letters, numbers, colors, three-dimensional shape, shape of goods or its package, combination of those signs or sounds, under the condition that it is suitable for the distinguishing in the channels of commerce of goods and services and that it can be shown in the Trademark Register in a manner which enables the competent bodies and the public to establish clearly and precisely the subject matter of protection.

Trademark search

How to check if the sign you wish to protect (or sign similar to that) has already been protected on the territory of the Republic of Serbia for the same or similar goods/services?

You can do your own search by using the following databases of trademarks:

Your sign consists only of the graphical solution or contains graphical representation? In that case, for search you should use also the Vienna Classification of figurative elements

If you wish the search to be professionally done, you can use the service of the Office by filing the Trademark search request with the proof of payment of the suitable fee:
Example PDF ( example MS Word) of the Trademark search request (Available in Serbian)

It is also possible to file the Trademark search request registered on the name of the particular person:
Example PDF (example MS Word) for the Trademark search request on the name of the right holder (Available in Serbian)

Please note that the independent search is recommended as the activity of the informative character, while for the determination of the potential conflict between the sign that is the subject matter of the application and the earlier trademark application or registration, we recommend filing the Тrademark search request. In that case, our examiners conduct a thorough search of all existing trademarks.

Search report by the Office gives information about all the registered trademarks or trademark applications for which it has been established that there is a certain degree of similarity with the sign that is the subject of search. Regardless from the Office report, the client is free to decide whether, having in mind the determined state in the Registers, it shall file application for the grant of trademark. Also, the Office is not obliged to follow the established report on pre-application trademark search in the procedure for the grant of trademark, but it may come to a different decision, although that very rarely happens.

Classifications

With the filled prescribed request for the grant of trademark, it is necessary to furnish composed List of Goods and Services, which the applicant wishes to mark with the sign denoting that his request for the grant of trademark refers to it. In this section, you can approach the Classification of Goods and Services for the needs of the registration of trademarks (Nice Classification)

Examination procedure of trademark application

After filing, the Office examines if the application contains all the essential elements:

  1. request for the grant of trademark – filled in Form PDF (Form MS Word) with the representation of the sign for which protection is sought;
  2. list of goods or services to which the sign refers;
  3. proof of the paid fee.

If the application contains all the essential elements, the Office shall enter data from the application into the Е- register of trademarks, which is updated every 24 h, with the assigning of the application number. Date of entry is at the same time the date of acquiring priority right on the sign from the application. If some of the elements from the application are missing, the applicant shall be invited to fill in the missing data in the application.

Certificate on the filled in application

From the moment of entry of the application into the E-register, the applicant may ask, with the payment of the appropriate fee, the issuing of the certificate from the Office that he has filed the application for the grant of trademark. The certificate shall be forwarded to applicant in the term of several days. The fee for the certificate is paid according to the tariff number 119 of the Law on the Republic Administrative Fees.

Formal examination of the application

Formal correctness refers to the examination of correctness of the request and the annexes attached to it, namely if it has: the adequate sign attached, the adequate colors listed, the goods/services adequately classified, etc.? If there are deficiencies, the Office shall invite the applicant in the result of the examination to correct them in the prescribed time limit. If the applicant, in the prescribed time limit, does not correct the application, as the Office has suggested, the application shall be rejected. If the applicant, in the prescribed time limit, corrects the application in a manner suggested by the Office, the Office shall proceed to the substantive examination of the application.

Substantive examination of the application

Substantive examination implies examination if conditions have been fulfilled for the protection of sign by a trademark and then if there are reasons to reject protection, prescribed by the Articles 4 – 7 of the Trademark Law.

In the course of the substantive examination of the application for the grant of trademark, the Office shall apart from the eligibility for protection examine also similarity of sign with the signs from the earlier trademark applications and registered trademarks.

Result of examination

If the Office establishes that the sign for some reason does not fulfill conditions for the protection by trademark, information of those reasons shall be sent to applicant, in writing by a Result of examination, leaving him a reasonable time limit for answer. After the receipt of the Result of examination, the applicant shall send his opinion in due time limit. If applicant is not in a position to answer in the due time limit, it is necessary to ask for the extension of time limit with the payment of the appropriate fee.

Answer to the result of examination

In the answer to the result of examination, the applicant should state the reasons why he does not agree with the arguments of the Office and why he considers that the sign may be registered. Depending on the reasons stated in the result of the examination, the applicant may remove obstacles according to the given instructions. For example, he can restrict the list of goods and services, remove the unimportant part of the sign, forward proof about the acquired distinctiveness of the sign, forward written approval from the competent body or letter of consent from the earlier right holder of a trademark.

If the applicant does not answer the Result of the Examination, or if he answers but the Office remains determined to keep the previously expressed opinion, the application shall be refused.

Letter of consent

Letter of consent is a written declaration of will of the previous trademark holder (trademark that is opposed to the application), in which he gives the consent for the protection of a particular sign. Letter of consent must be submitted in original and it should contain the following:

  • Number of the previous trademark registration with the data about the trademark holder or the person giving the letter of consent;
  • Number of the trademark application for which consent is given with the data about the person filing the request for the grant of trademark;
  • Designation of goods or services for which consent is given;
  • Declaration of consent for the registration of a particular sign; 
• Signature of a previous holder of trademark/authorized person in the legal entity and date of giving the consent.

It is necessary to mention that the giving of consent of the holder of the earlier right does not automatically mean that the sign shall be eligible for registration. The Office shall place the given Letter of consent in the context of all other conditions for protection of a sign by a trademark and according to all the circumstances of a particular case it shall decide if there is probability of placing that sign in connection with some other, or probability of confusion.

If the letter is in a foreign language, it is necessary to forward the translation by the authorized court interpreter.

The holder of the earlier trademark has no obligation to give the consent.

Expert assistance with regard to this procedure can be obtained by engaging some of the representatives from the List of Representatives.

Publication in the Intellectual Property Gazette

If there are no reasons for the refusal of the application, the data from the application are published in the Intellectual Property Gazette which is issued twice a month (published data are: number of the application, filing date of the application, data about the applicant, image of the sign, list of goods or services that the sign refers to). From the publication date of the application, the term of three months begins to be calculated, and in the course of that time limit, the holder of the earlier right can file an opposition.

Registration of trademark

After the expiry of three months, if no opposition has been filed according to the article 7 of the Trademark Law, or if the opposition has been rejected or refused by a final decision, the Office shall invite the applicant to pay the prescribed fee for the registration of a trademark in a certain time limit and to furnish the proof on payment.

After the reception of the proof of payment of fee, the Office shall register the trademark and enter the trademark in the E- Register of the IPO and issue to the applicant the certificate on trademark that has the character of a decision in the administrative procedure. If the applicant does not furnish proof on the paid fee in the prescribed time limit, the Office shall suspend the procedure.

Decision on refusal

If the applicant does not act according to the request of the Office stipulated in the Result of Examination, or if he acts in compliance with the request but the Office still considers that the trademark as a whole and for particular goods and services can not be registered, it shall refuse the application in total or in part by a decision.

Administrative suit

Against the decision of the Office (final decision terminating the procedure) administrative suit may be initiated by filing legal suit to the Administrative Court in the term of 30 days from the date of the receipt of the decision.

Appeal

Against the decisions of the Office, passed by the implementation of the Trademark Law (“Official Gazette RS”, no 6/20), appeal can not be filed but administrative suit can be initiated by filing suit at the Administrative Court.

How long does the procedure last?

If the Office does not find the fact that makes it necessary to write the Result of the Examination, or if there is no other obstacle for the registration, usually six months passes till the date of the registration. If the application is not formally correct, there are reasons for possible refusal of protection or if there is termination of the procedure due to previous issues, the procedure may last longer than 6 months.

The importance of trademark as intellectual property right - stories from Serbian companies

What can happen to the trademark after the registration?

Termination of trademark

Trademark is terminated by the expiry of time limit of 10 years from the filing date of the application if its validity is not prolonged. Before the expiry date, the trademark can lapse if the holder of trademark abandons the trademark, on the basis of the court decision, if the legal person ceased to exist or if the natural person died, unless the trademark is transferred to the legal followers in title of that person.

Cancellation of trademark

Trademark, for all the time of its validity, can be cancelled in total or just for some goods/services, if it is established that at the time of its registration not all conditions for the grant of trademark have been fulfilled. Proposal for the cancellation can be filed by the holder of earlier trademark who use his right or the person empowered by him, except if in the course of the five consequtive years before the filing of the proposal he knew for the use of the later trademark, whose holder was conscientious, and did not object to it, or the public prosecutor.

Bearing in mind that it is the dual party administrative procedure in which appropriate evidence must be filed, statements following the claims of the opposing party must be filed, and it is possible to have public hearing. If expert assistance is necessary, you can contact some of the representatives from the List of Representatives.

Special cases of the termination of trademark

Termination due to non-use
At the request of the interested party (for example, person who later filed an application for the same trademark) the Office may pass decision on the cancellation of trademark in total or in part ( for example, for some goods and/or services), if the holder of trademark or the person empowered by him, without any justified reason, did not use the trademark on the domestic market in the continual duration of time lasting for 5 years from the registration trademark date, or the time when the trademark was last used. Fee for the filing of request can be found at the page Fees.

Other cases
At the request of the interested person (for example, person who later filed the application for the similar sign), the Office may pass decision about the cancellation of trademark in total or in part (for some goods and/or services) if the sign has been protected by a trademark, if it became the usual name for the goods/services, if it became contrary to the public order or moral, or because of the way it is used by the holder of trademark or his legal follower in title, so that it can cause confusion in the channels of commerce about its geographical origin, quality or other characteristics of goods or services.

Bearing in mind that this considers dual party administrative procedures, as well as that the public hearing may be possible, if expert assistance is necessary you can contact some of the representatives from the List of Representatives.

When do you acquire trademark and how long does it last?

Request for renewal of a trademark (the Forms PDF or MS Word) has to be filed before the expiry of 10 years for which the trademark has been granted. With the request, one must furnish proof on the paid fees for the renewal of trademark.

If the Request for renewal of a trademark is filed through the representative, then by all means, the original of the power of attorney must be attached.

If the Request for renewal of a trademark is filed after the expiry of the 10 years period, but up to 6 months from expiration, the applicant shall have an obligation to pay the increased fees by 50%. However, if, from the moment of the lapse of trademark, more than six months passes, the trademark can no longer be renewed and the granted right definitively ceases to exist. The trademark holder, then, has the only option to file again the application for the grant of trademark and start procedure from the beginning.

ZIS

Fast & easy database search

Check the state of protection for individual intellectual property rights in the E-registers and databases of the Intellectual Property Office and in other publicly available international databases on industrial property rights

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ZIS

International protection

If you want to protect your trademark, in addition to the territory of the Republic of Serbia, in other countries, you need to submit a request to the Office for international registration of the trademark.

Find out more

Laws and regulations

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pdf · 385 KB

The Law on Trademarks

“Official Gazette RS”, No.6/2020

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pdf · 2853 KB

The Methodology Applied by the Intellectual Property Office to the Procedure Relating to the Registration of Trade Marks and the Procedures Based on Registered Trade Marks

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Frequently asked questions

See answers to frequently asked questions

Questions on trademark
Before applying
Common doubts

What is trademark?

A trademark is a legally protected sign by which a natural and legal entity marks their g...

A trademark is a legally protected sign by which a natural and legal entity marks their goods and services in trade, so that consumers can distinguish them from identical or similar goods and services offered on the market by another natural or legal entity.Here are some examples of signs:

Verbal sign
APPLE and DUKAT

Words written in special typeface
    

Graphical signs
   

A combination of words and graphics
     

Slogans
     

Pesronal names
WILL SMITH ANTONIO ANTONIO BANDERAS

Color combination

Musical sign

A trademark can protect also a three-dimensional sign that represents the shape of a body.
The graphic representation of a three-dimensional sign must be such that on the basis of it can be concluded what shape it is. The appearance of the sign can be presented in the form of a graphic representation or a photograph. The appearance of the sign must clearly show the details from which it can be seen that it is a three-dimensional sign.

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What is individual and what collective trademark and what is warranty trademark?

Individual trademark is legally protected sign used in trade by its holder or owner of tr...

Individual trademark is legally protected sign used in trade by its holder or owner of trademark. Holder of individual trademark is natural or legal person in whose name the trademark has been registered in the Intellectual Property Office. Collective trademark is a trademark filed by a legal person, representing certain form of association of producers or providers of services that have the right to be used by the subjects that are members of that association, under conditions prescribed by the law. Warranty trademark is used by companies, under the supervision of the holder of trademark, and in trade it is serves as a guarantee of quality, material, and methods of production of goods or providing the services, correctness or other common characteristics of goods or services of the certified business entities in relation to non-certified goods or services.

Why should a sign be protected?

Legal protection of a sign marking goods and services in the trade is not a legal obligat...

Legal protection of a sign marking goods and services in the trade is not a legal obligation, but a decision about its legal protection left at the free will of the applicant. Legal subject which uses its sign in trade, shall not suffer any legal sanctions for not protecting it by a sign. However, legal protection of a sign by a trademark is always welcome, because it offers numerous benefits for its owner, like the following:

а) exclusive right of the owner to use trademark to mark his goods and services in the channels of commerce on the territory of the country in which protection has been granted;

b) exclusive right of the owner to forbid unauthorized use of the same or similar sign for marking the same or similar goods or services in the channels of commerce on the territory of the country where the protection has been granted;

c) easy proving before the court or some other government body of having property over the trademark (on the basis of the decision on the grant of trademark, trademark certificate, or some other document issued by the Intellectual Property Office);

d) trademark is a significant tool for the exclusivity of the owner of trademark, future investments, financial profit from the licensing, franchising and transfer of rights…

Who can apply for trademark?

The applicant for a trademark may be both, a natural person/s and a legal entity engaged ...

The applicant for a trademark may be both, a natural person/s and a legal entity engaged in the trade of goods and provision of services. Proof of economic activity in the application for trademark recognition is not required.

The Law on Business Entities defines the term entrepreneurs and regulates issues related to it. An entrepreneur is a natural person who is registered and who, in order to make a profit, and performs all activities permitted by law, including artistic and old crafts and domestic handicrafts. Having in mind the possibility of termination of performing a certain activity, for the sake of continuity of the rights of the trademark holder, it is more convenient in that case to submit an application for recognition of the trademark as a natural person.

Is it obligatory to hire representative to submit the application?

If the trademark applicant is a citizen of the Republic of Serbia or has a business seat ...

If the trademark applicant is a citizen of the Republic of Serbia or has a business seat in the Republic of Serbia – in that case it is not required to have a representative (attorney). On the other hand, if the applicant wants the persons who are professionally engaged in representation to conduct the procedure instead of him, he can submit application through the representative. Such an obligation exists for foreign natural or legal persons who do not have a permanent or temporary residence in the territory of the Republic of Serbia. They must hire a representatives to act before the Office, and who are registered in the Register of Representatives kept by the Office or another domestic lawyer.

What should be done if there is a change of name and / or address, transfer of rights from the application or registered trademark or other status change?

If there is a change of name, address or transfer of rights during the trademark registra...

If there is a change of name, address or transfer of rights during the trademark registration procedure or after registration, the applicant or trademark holder should submit to the Office an appropriate request for registration of the change.

  1. A) Request for registration of change of name and/or address – Form Ž-3.

Based on the submitted request, changes are made in the public E-register of trademarks during the trademark registration procedure in communication with the applicant or by sending the invitations for payment of fees for extending the validity of the trademark. If e.g. the name of the holder is not the same or the address has been changed, it is possible that the applicant/holder will not receive the notes and respond within a certain period of time. The consequences can be e.g. rejection of the trademark application or termination of the trademark.

In addition to the duly completed request, the applicant should submit proof of payment of the fee, as well as a valid power of attorney, if the application is submitted through a representative.

  1. B) Request for registration of transfer of trademark or right from trademark application – Form Ž-5

Along with the duly completed Request, it is necessary to submit proof of the legal basis of the transfer, proof of payment of the fee and power of attorney (if the request is submitted through a representative).

Proof of the legal basis will depend on the manner, in which the trademark was transferred, i.e. the rights from the application. When the transfer of rights is a consequence of the transfer agreement, the original transfer agreement or the original excerpt shall accompany the request, or the original transfer statement signed by the parties, or a certified copy of these documents.

If the transfer of rights occurred on the basis of a law or a court or administrative decision, the original or a certified copy of the court decision or other document confirming the change shall be submitted with the request.

If the said documents are in a foreign language, their translation certified by a court interpreter shall be submitted.

Is there an obligation to use the trademark in trade?

That obligation exists. The trademark owner will not be held criminally or misdemeanor li...

That obligation exists. The trademark owner will not be held criminally or misdemeanor liable if he does not use his trademark in trade, but he thus risks losing the acquired right. If the trademark holder does not use his trademark in trade within five or more years from the date of trademark registration, or if five or more years have passed since the last trademark use, then any interested person may request the Office to make a decision on termination of such trademark. The Office will inform the trademark holder about the submitted request and give him the opportunity to prove the opposite, that is, that he uses his trademark. On the basis of all available evidence, the Office will make a decision on whether to maintain the disputed trademark in force or to make a decision on its termination.

Use of a trademark includes:

а) affixing the protected mark to the goods, the packaging for the goods or labeling instruments (labels, stickers, bottle stoppers, and the like);

b) offering of goods, their entry into circulation or storage for such purposes, or supply of services under the protected mark;

c) import, export or transit of the goods under the protected mark;

d) using the protected mark in business documentation or in advertisements.

What is not being considered as a use of a trademark:

а) advertising the registered trademark without possibility of supplying the goods and/or using the services comprised within;

b) payment of taxes for extending the validity of the trademark or conclusion of contracts on transfer of rights, license, pledge, franchises or similar.

Is it necessary to protect a trademark abroad?

The choice of sign you want to protect is very important bearing in mind the conditions f...

The choice of sign you want to protect is very important bearing in mind the conditions for protection prescribed by law. Please note that the appearance of the mark cannot be significantly changed after the trademark application has been filed. A significant change in a sign is considered to be any change that changes the distinctive character of the sign. The change of the distinctive element of the sign always represents an important change of the sign, because it is the element in the sign that has the function of distinguishing goods, ie services.

The choice of sign for protection

The choice of sign you want to protect is very important bearing in mind the conditions f...

The choice of sign you want to protect is very important bearing in mind the conditions for protection prescribed by law. Please note that the appearance of the mark cannot be significantly changed after the trademark application has been filed. A significant change in a sign is considered to be any change that changes the distinctive character of the sign. The change of the distinctive element of the sign always represents an important change of the sign, because it is the element in the sign that has the function of distinguishing goods, ie services.

Check if your sign is already protected by a trademark!

Before applying for a trademark, it is advisable to check whether the mark you want to pr...

Before applying for a trademark, it is advisable to check whether the mark you want to protect (or similar) is already protected for the territory of the Republic of Serbia, for the same or similar goods or services. You can search yourself, using the following trademark databases:

E-register of trademarks (database of national trademarks)
Madrid Monitor database (database of international trademarks, chose the Republic of Serbia as designation country)

Please note that self-search is recommended as an informative activity, while to determine the potential conflict between the sign that is the subject of the application and protected trademarks, it is recommended to submit a Request for a trademark search to the Office, with proof of payment of the appropriate fee. If applicant requesting the trademark search is foreign natural or legal entity, he must submit the request by the representative.

The search report of the Office provides information on registered or applied for trademarks, for which a certain degree of similarity has been determined with the sign for which the search is requested. Irrespective of the report of the Office, the party is free to decide whether, in the determined state in the registers, it will submit the trademark application. Also, the Office is not obliged to follow the determined state expressed in the trademark search procedure in the procedure for protection of a trademark, but it can deviate from it, although that very rarely happens.

Is the name of your business entity registered in the business registers?

Registration of the name of a business entity does not imply automatic protection of that...

Registration of the name of a business entity does not imply automatic protection of that name with a trademark.

The Law on Business Entities is different from the Trademark Law. Registration with the Business Registers Agency does not mean that the name will be able to be protected by a trademark in proceedings before the Intellectual Property Office. The name of a business entity may not be protected by a trademark because, for example:

– is not distinctive, that is not suitable for differentiation of goods or services in trade;
– it is a descriptive (means the type, quality, quantity, purpose or other characteristics of goods or services);
– exclusively indicates geographical origin;
– already enjoys trademark protection.

In the same way, a trademark consisting of words may not be able to be registered as a company name before the Business Registers Agency.

The choice of goods or services

When submitting trademark application, along with the completed application form, the Lis...

When submitting trademark application, along with the completed application form, the List of goods and services is also submitted, both in two copies. Find the appropriate class of the International Classification of Goods and Services to which the goods and/or services you wish to mark belong. A proper list of goods and services must be compiled in the Serbian language. It is compiled by first stating the class number, and then the goods or services covered by that class. You can use the Madrid Goods and Service Manager application, which is available in Serbian, to compile a list of goods and services in an easier and faster way.

The list of goods and services is very important, since it cannot be subsequently supplemented after the submission of the application, but it can always be narrowed. The refinement will exist in a situation when the list of goods relating to a wider category of goods is limited to those relating to individual goods in that category. For example, clothing (as a broader category) can be later specified on skirts, trousers, shirts.

After the registration, the holder of the trademark will have the exclusive right to mark with the trademark only the goods and services for which the trademark is registered. Therefore, it is necessary to specify the titles of the goods and services to which the mark relates.

LIST OF GOODS AND SERVICES
Class 29: dried vegetables, soup preparations;
Class 30: Spices, popcorn, sauces and sauces as spices; celery, a mixture of various spices, breadcrumbs, rice;
Class 31: raw beans.

Additional attachments with the application filed in certain cases

а) Proof on the existence of the international priority right...

а) Proof on the existence of the international priority right
b)
Proof on the existence of the exhibition at fairs priority right
c) Power of attorney
d)
General act on the collective trademark and warranty trademark

а) Proof on the existence of the international priority right
Proof on the existence of the international priority right makes constituent part of the application for the grant of trademark only when the applicant in the application claims such priority.

It has been emphasized above that the priority right is obtained on the date of filing the correct application in the Intellectual Property Office, and that rule has also exceptions. Under certain conditions, the applicant may be granted so called international priority right. In order for the international priority right to be granted, it is necessary:

  • That the applicant is the citizen of any of the Paris Union countries or signatory states of the Paris Convention;
  • That the application filed in the Intellectual Property Office refers to the identical sign just like the application signed in the Paris Union country;
  • That from the moment of filing the application in the Paris Union country, till the moment of filing the identical application in the Intellectual Property Office, not more than six months passed; and that the applicant claims the international priority right in his application for the grant of trademark by stating in the request for the grant of trademark the date of filing the application abroad, number of the application and country where it has been filed.
  • That in the term of three months at the most, from the date of filing the application in the Intellectual Property Office, furnishes sealed copy of the application filed in the Paris Union country (the certification of the transcription is performed by the competent body of the Union where the application has been filed) and the certified translation of that application (the certification of that translation is performed by the authorized court interpreter in our country).

b) Proof of the existence of the exhibition priority right

Proof of the existence of the exhibition priority right is the constituent part of the application for the grant of trademark only when the applicant claims such priority in his application

The applicant who in the term of three months at the most, before filing the application in the Intellectual Property Office used a certain sign to mark his goods or services  at the exhibition having international character held in the Republic of Serbia or some other member country of the Paris Union can ask in the application the grant of priority right from the date of the first use of that sign.

Proof about the existence of the exhibition priority is a certificate issued by the competent body of the Paris Union confirming that the exhibition had international character. On that occasion, it must be clearly stated in the certificate the data about the kind of exhibition, place of holding the exhibition,  date of opening and closing and in particular the date of the first use of the sign for which protection is asked.
If the fair has been held in the Republic of Serbia, the certificate is issued by the CHAMBER OF COMMERCE  of the Republic of Serbia.

c) Power of Attorney
Power of attorney is the constituent part of the application for the grant of trademark only when the applicant files his application through the lawyer (representative). Foreign persons that have no residence of business seat in the Republic of Serbia, must engage a representative from the List of Representatives or some other Serbian lawyer.

Power of attorney is a contract concluded between the applicant and his lawyer, on the basis of which the applicant empowers the lawyer to file an application for the grant of trademark in his name and for his account. Apart from the declaration on the given power of attorney, it  must contain the designation of the number of file  (Ж number) to which the power of attorney refers, that must be signed by the lawyer and the person filing the application and it must be furnished in the original. The copy of the power of attorney shall not be accepted in the IPO to start  the procedure. However, the copy of the power of attorney can be taken into consideration in two cases:

  • If the applicant has more applications for the grant of trademark and if he is represented by the same lawyer in all those cases, it is enough to have in one of those applications the furnished original of the power of attorney, while in other applications copy of the power of attorney is enough. In each copy of the power of attorney it must be clearly designated where the original of the power of attorney has been furnished. It is done by designating Ж number of the file where the original copy of the power of attorney has been filed.
  • If the applicant issues to the lawyer the general power of attorney empowering him to represent him in all tasks relating to the intellectual property protection, then in the particular application for the grant of trademark a copy of such power of attorney can be furnished. General power of attorney must be deposited in the Intellectual Property Office, and on the copy of such power of attorney, in the particular application for the grant of trademark, it must be clearly stated under which number has such deposition been done.

d) General act on the collective trademark and warranty trademark

General act on the collective trademark or warranty trademark represents constituent part of the application for the grant of trademark when the applicant designates in the request for the grant of trademark that he wishes that sign to be protected by collective trademark or warranty trademark. More detailed information what does the collective trademark and warranty trademark contain can be found in the article 16 of the Trademark Law and article 4 of the Regulation on the contents of the Trademark Register, contents of the request, etc.

Which applications can be examined urgently out of turn?

It is a rule that the applications are examined in turn which is determined by their fili...

It is a rule that the applications are examined in turn which is determined by their filing date in the Intellectual Property Office. However, some applications can be examined urgently, out of turn, but only if certain legal conditions have been fulfilled for that:

–  in the case of the legal suit or initiated inspection supervision or procedure at the Customs, at the request of the Court or the competent body of the market inspection, or the Customs body;

–  if it is in line with other legislation that it is necessary to perform urgent registration for example for the trademark applications relating to medicaments, pharmaceutical preparations, and means for the protection of plants (pesticides and fertilizers).

For the request to examine the application out of turn according to the urgent procedure, the fee is paid.

I want to protect my brand, what request should I submit?

There is no formal procedure for brand protection. Branding is a process in which the ove...

There is no formal procedure for brand protection. Branding is a process in which the overall visual, emotional, rational and cultural “image” of a company is created. Brand associates customers with that company or its product (service), ie with the value that it promotes through its brand. Given that significant resources are invested in the creation of the brand (marketing, product development, etc.), in order for the company to ensure that someone else does not use the same or similar sign by which it is recognizable, it is usually necessary to protect the sign with a trademark, for goods and services of that company.

I want to protect my logo, logos for different product lines but also logos in different colors, how do I protect them?

Logo is used in everyday speech as a word that refers to a sign that represents a graphic...

Logo is used in everyday speech as a word that refers to a sign that represents a graphic symbol that marks a product or service, or represents a company sign. A logo, as a sign that may consist of letters, numbers, words, drawings, color combinations or the above, or as a sign that represents a three-dimensional shape, may be subject to trademark protection.

By protecting one sign (logo) with a trademark, protection (exclusive right of use) is provided only on that sign. If you want to have the exclusive right to all logos, you can initiate the protection procedure by filing several trademark applications individually, one logo – one trademark application. If you want to have the exclusive right to only one logo and to build the distinction of your entire business (corporate logo) only on it, you can submit only one trademark application. If you use one logo in several different colors, the exclusive right applies only to the one that is protected by the trademark and that right does not transfer to variations in other colors.

It is up to you to decide for which logos (signs) you will apply for trademark protection, keeping in mind what you want to achieve, as well as the costs of protection.

In TRADE, I use a VERBAL SIGN in several languages, do I need to register a sign in each language or is it enough in only one?

The mark is protected by a trademark as represented in the application. The scope of prot...

The mark is protected by a trademark as represented in the application. The scope of protection does not include translation into any language other than that used on the sign. The issue of trademark use and possible similarity will be considered according to the circumstances of the specific case.

I want to protect the magazine I publish, how can I do that?

If you want to protect the magazine in terms of its content, it is important to note that...

If you want to protect the magazine in terms of its content, it is important to note that this issue falls under the field of copyright. Namely, copyright is created at the moment of creation of the copyright work, provided that it is an original work and that it is expressed in some form. Therefore, there is no procedure for formal registration of a written work (eg a journal, or articles by different authors in a journal), but only the work can be deposited. You can find out more about this in the Copyright and Related Rights section.

On the other hand, if you want to protect the name of the magazine, logo or other sign that marks the magazine or publishing services, then such a sign can be protected by a trademark, if all the legal conditions are met. You can find the application and instructions for trademark recognition in the Trademarks menu.

Should I also protect a redesign of a sign that was previously protected by a trademark?

Any change in the essential elements of the sign (color, font, words, and arrangement of ...

Any change in the essential elements of the sign (color, font, words, and arrangement of elements…) requires the submission of a new application for the recognition of a trademark, if one wishes to acquire the exclusive right to such a changed mark.

What does the sign ® (R in a circle) on the package mean and can I use it too?

The ® mark is not an obligatory part of a registered trademark, but it serves to emphasiz...

The ® mark is not an obligatory part of a registered trademark, but it serves to emphasize the fact in trade that a certain sign (word, logo) is registered as a trademark of a certain person. The use of that sign is not prescribed by the laws of the Republic of Serbia.

This mark may be used by the holder in trade to indicate that the mark has been registered as a trademark, but the mere display of the mark is not proof that the mark has also been registered. Since it is a universal sign, regardless of which country or countries the trademark registration is valid, it is possible that a specific trademark is not valid in the territory of the Republic of Serbia, so it is always necessary to check where it is protected and its validity.

Can I protect a sign that contains the name of the country, e.g. Republic of Serbia?

A sign containing the state or other public coat of arms, flag or symbol, name or abbrevi...

A sign containing the state or other public coat of arms, flag or symbol, name or abbreviation of the name of a country or international organization, as well as their imitation may be protected by a trademark only with the approval of the competent authority of the country or organization.

Can an internet domain name be protected as a trademark?

The name of your Internet domain may also be subject to trademark protection, if it meets...

The name of your Internet domain may also be subject to trademark protection, if it meets the conditions for protection provided by the Trademark Law. Examples:

www.21dan.com

How can I protect the cultural / sports event I organize?

The name of the event, logo or other sign marking the event, etc., can be protected by a ...

The name of the event, logo or other sign marking the event, etc., can be protected by a trademark if the sign meets the condition for protection prescribed by the Trademark law.

In addition, the subject of protection may be e.g. original written work, original musical composition composed only for the occasion, and other original works that represent the content of the event. The copyright protection of such works arises from the creation of the work itself, if that work fulfills the condition of originality and if it is expressed in a certain form. You can find more about copyright in the section Copyright and related rights.

We have hired a marketing agency to create a logo for us according to our instructions, which we plan to protect with a trademark. Is there any obstacle to protecting such a logo, which was not created in our company, with a trademark?

The Trademark Law stipulates that trademark may not be protected for a mark, which, by it...

The Trademark Law stipulates that trademark may not be protected for a mark, which, by its appearance or content, infringes copyright or other industrial property rights. It is advisable to conclude the order contract for author’s work (logo), which would define the mutual rights and obligations between the marketing agency and the client.

Are there a rule by how many percentages (%) the sign should differ from those stated in the pre-application search report in order to differentiate from them?

Such a rule, expressed as a percentage, does not exist. To protect a sign (mark) with a t...

Such a rule, expressed as a percentage, does not exist. To protect a sign (mark) with a trademark, it is necessary that the sign differs from previously applied for or registered trademarks for the same or similar goods and services. Signs are compared visually, auditory, conceptually (by word meaning, arrangement of graphic and verbal elements, arrangement of colors, etc.)

What is parallel import and is such import allowed in Serbia?

Parallel import usually occurs if a person legally imports goods procured outside the ter...

Parallel import usually occurs if a person legally imports goods procured outside the territory of the Republic of Serbia, e.g. from the right holder himself or its distributor.

The trademark holder may not prohibit the further trade of goods marked with his trademark, which have been placed anywhere in the world by the trademark holder or a person authorized by him, unless there is a justified reason for the trademark holder to oppose further trade of the trademarked goods, especially if there is a defect or other significant change in the condition of the goods after its first placing on the market.