Trademarks Law in Serbia
Here’s an overview of Trademarks Law in Serbia:
Trademarks Law in Serbia
Legal Framework
Trademark protection in Serbia is primarily governed by the Law on Trademark (Zakon o žigu), enacted in 2010 and amended several times.
Serbia is also a member of several international treaties related to trademarks:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (since 2010)
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Serbia is a candidate country for EU accession and aligns its IP laws with EU standards.
Competent Authority
The Intellectual Property Office of the Republic of Serbia (IPOS) is responsible for trademark registration and enforcement.
Key Features:
Definition of a Trademark
A trademark can be any sign capable of being represented graphically and distinguishing the goods or services of one undertaking from those of others. This includes words, designs, letters, numerals, colors, sounds, shapes, or a combination.
Registration Process
Applications are filed with the IPOS, including the representation of the mark and classification of goods/services (Nice Classification).
IPOS examines the application for formalities and substantive criteria, such as distinctiveness and conflicts with prior trademarks.
Accepted applications are published in the Trademark Gazette for opposition purposes.
Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
Registrations can be renewed indefinitely for successive 10-year periods upon payment of renewal fees.
Rights Conferred
Exclusive right to use the trademark in relation to the registered goods/services.
Right to prevent unauthorized use, import, or sale of infringing goods.
Grounds for Refusal
Trademarks may be refused if they:
Lack distinctiveness or are generic/descriptive.
Are likely to cause confusion with existing marks.
Contravene public policy or morality.
Opposition and Cancellation
Third parties can file oppositions within 2 months of publication.
Registered trademarks can be canceled for non-use (after 5 years), or invalidated on legal grounds.
Infringement and Enforcement
Trademark infringement can be addressed via civil litigation, including claims for damages and injunctions.
Customs authorities assist in anti-counterfeiting efforts.
International Protection
Serbia is a member of the Madrid Protocol, enabling international trademark registration designating Serbia.
Priorities and protections under the Paris Convention apply.
Summary
Serbia has a modern trademark law system administered by IPOS, aligned with international standards and ready for further integration with the EU. Registration provides strong protection with options for international filings via Madrid.
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