English
The average time frame for the registration approval is 6 months, if no objections or oppositions arise.
The trademark registration is valid in the whole territory of Serbia.
Applicants are mandated to submit a power of attorney.
- It may demonstrate acquired distinctiveness of the mark
- It may help to overcome an opposition on the grounds of non-distinctiveness.
- Minimal benefits are obtained since trademark rights are primarily established through registration.
- The mark may become notorious in Serbia and make it difficult for a later registration of similar marks for the same goods/services
Attack on the ground of non-use is available.
- words
- names
- colours
- devices
- numbers
- certain three-dimensional shapes
- slogans
- holograms
- sheet music
- collective marks
- certification marks
- well-known marks
- service marks
The order of the application process is as follows:
-
Examination on the basis of:
- Formalities
- Classification
- Clarity
- Descriptiveness
- Distinctiveness
- Deceptiveness
- Conflict with prior registration
- Functionality
- Genericness
- Registration
-
Publication of the following application particulars:
- Mark
- Name of applicant
- Address of applicant
- State or country of incorporation of applicant
- Application number
- Application date
- Goods/services
- Priority claim information
- Representation of trademark
- generic terms
- marks contrary to moral standards or public order
- non-distinctive trademarks
- names, flags or symbols of states, nations, regions, or of international organizations
- marks that function principally as geographic location names
Serbia uses the Nice Classification System.
The European Union Trade Mark registration, formerly Community Trade Mark registration, does not take effect in this jurisdiction.
Yes, if the following requisites are met:
- If an applicant's home country is a member of the Paris Convention
- If the home application was filed within six months prior to the application in this jurisdiction
- If an applicant's home country is a member of the World Trade Organization
- An International Registration can be based on a national application or registration in this jurisdiction.
Note: Consult a trademark attorney for a more detailed explanation.
A trademark must be used within five years from the registration date or last use of the trademark.
The initial term of a registration is 10 years.
The first renewal date will occur 10 years from the application filing date.
It is illegal to use an unregistered mark for the following goods:
- pharmaceutical products
- pesticides
The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in Serbia.
If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).
In this case, proceeding with two trademark applications has the following advantages:
- Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
- You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
- Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.
If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.
Registration is a requirement in order to obtain rights to a trademark. Serbia follows the "first to file" rule.
The national office is accessible online at the following URL: http://www.zis.gov.rs/home.59.html
No. Intent to use or actual use is not required for application.
The following can be grounds for cancellation:
- proprietary rights or an earlier conflicting registration
- the mark is descriptive
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- the mark is functional
- breach of copyright
- rights of notorious or well-known marks
- rights of protected armorial bearings, flags and other State emblems
- registered design rights
- rights in a personal name
- the mark is generic
- the mark consists of a geographical indication
- the mark is against public policy or principles of morality
Opposition is not yet available.
Opposition is not available. Introduction is expected in the near future.
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to bring a cancellation action against a later conflicting registration
- the right to sue for infringement against confusingly similar third-party trademark use
- the right to license other third parties to use the trademark
- the right to apply for seizure by customs authorities for importation of counterfeit goods
- the right to obtain damages for infringement
- the right to file observations against subsequent conflicting applications
Opposition is not yet available.
Serbia is a member of both the Madrid Protocol and the Madrid Agreement.
Periodic statements of use are not required.
Subsequent renewals last for 10 years from the renewal date of the registration.
The first renewal date will occur 10 years from the application filing date.
A power of attorney is necessary.
The grace period after the renewal date has expired is 6 months.