Trademark application Serbia

Trademark registration Serbia

Register your trademark in Serbia online in 3 steps…

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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.

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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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What are the costs of a trademark registration in Serbia?

The costs of trademark registration in Serbia depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Serbia?

In Serbia, registering a trademark is necessary to obtain the rights to it. This is because there is a first-to-file jurisdiction, which means that the mere use of a trademark is not sufficient for its protection. You submit your application to the ZIS, the Intellectual Property Office of the Republic of Serbia. To register a trademark in Serbia it is not necessary to have it already in use. However, their use can considerably reduce the chances of rejection due to lack of distinctiveness.

Any natural or legal person can register their trademark in Serbia. You do not need to provide proof of your commercial activities. For foreign entrepreneurs it is mandatory to hire a trademark attorney to start an application procedure. In the country, you can trademark images, numbers, letters, 3D shapes, drawings, slogans, colors and words, as long as they are not offensive. When submitting the application, you also provide proof of payment, as well as a list of goods and services according to the Nice Classification.


What procedure do you go through to register a trademark in Serbia?

To apply for a trademark in Serbia, start by submitting your application form. This cannot be done electronically, but only by post. Your application will be entered in a special register and will be assigned a unique number. This is followed by a formal and a substantive assessment. The formal assessment takes between fifteen and thirty days. If your application for trademark protection does not meet the requirements, it will be rejected.

In the next stage, the substantive assessment takes place. If obstacles arise during this phase, the patent office will inform you in writing. You have a period of thirty days at your disposal to repair defects. If you meet the requirements, the patent office will ask you to pay for the first ten years of trademark protection, including the costs of publication. After payment, your brand will be registered in the Serbian trademark register and a certificate will be issued. Objection by third parties can be submitted after registration. This is therefore later than in most other countries.


How can you apply for combined trademark protection in Serbia?

One can register various types of trademarks in this country. Many therefore apply for trademark protection for a combined trademark, i.e. a trademark consisting of several elements. For example, a word element and a logo. If you want to register the protection of such a trademark in Serbia, then after registration it is limited to the exact combination of elements as indicated at the Serbian Patent Office. This means that use of the separate elements is possible, but that no protection can exist for this.

Although some of the entrepreneurs take this for granted, in practice there does appear to be a risk involved. Elements without separate protection can be used legally by third parties. This means that you cannot act against this. There is one exception to this rule: if someone offers the same products or services as you, or things that are very similar, you can object on the grounds of confusing similarity. However, the success of such an objection is difficult to determine and varies from situation to situation. It is therefore best to register the elements that you want to use separately for commercial purposes.


When can you not register a trademark in Serbia?

The applicable Trademark Act excludes registration of a brand name in Serbia in certain situations. This includes the following cases:

  • The trademark goes against public policy or morality
  • The trademark is too descriptive
  • The trademark is not distinctive enough
  • Trademark is misleading in nature, quality or geographic origin
  • The trademark is identical to a previously registered trademark for identical goods or services
  • The trademark is an imitation of a known third party, regardless of the goods or services
  • The trademark contains a national flag or emblem, or the name or abbreviation of a country or international organization

Using your trademark after successful registration

If you have successfully applied for protection of your trademark in Serbia, this will be valid for ten years. You can extend protection indefinitely. As mentioned, the use of your trademark prior to registration in this country is not necessary. This is not necessarily necessary immediately after registration, nor do you have to submit an intention of use to the patent office. However, it is strongly recommended that you do not leave your trademark unused for more than five years after registration. After five years, third parties have the right to request its cancellation, for example because they themselves are interested in this trademark.


How does international trademark protection work in Serbia?

Serbia is a European country, but not a member of the European Union. An EUTM registration is therefore not legally valid in this territory. However, Serbia is a member of the Madrid Protocol. Extension of an international trademark registration is therefore possible in this country. Entrepreneurs interested in this can submit their application to WIPO, which will forward it to the national patent office after an initial assessment.

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Trademark registration Serbia