English
Does having a registered trademark in Serbia give me any right?
Registration is a requirement in order to obtain rights to a trademark. Serbia follows the "first to file" rule.
What is the web address of the trademark national office?
The national office is accessible online at the following URL: http://www.zis.gov.rs/home.59.html
Is there any need to use my trademark before I apply for registration?
No. Intent to use or actual use is not required for application.
Is it possible to cancel a registration?
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
Who can contest my trademark application?
Opposition is not yet available.
Can a Trademark Application be opposed?
Opposition is not available. Introduction is expected in the near future.
Are there any rights established by having a registered trademark?
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
How long is the opposition period?
Opposition is not yet available.
Is Serbia a member of the Madrid System?
Serbia is a member of both the Madrid Protocol and the Madrid Agreement.
Do I need to present periodic statement of use?
Periodic statements of use are not required.
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