Registration and use

Ownership of marks

Who may apply for registration?

Any natural or legal person, both domestic and strange, may apply for registration.

Scope of trademark

What may and may not be protected and registered every bit a trademark?

Any sign capable of being represented graphically may be protected by a trademark, provided that such signs are capable of distinguishing in the course of merchandise the goods or services of 1 natural or legal person from the goods or services of another natural or legal person.

A sign may comprise, among other things:

  • words;
  • slogans;
  • letters;
  • numbers;
  • images;
  • drawings;
  • combinations of colours;
  • iii-dimensional shapes;
  • combinations of such signs; and
  • graphically presentable musical notes.

Unregistered trademarks

Can trademark rights be established without registration?

Only a well-known trademark can exist established without registration, under certain conditions.

Famous foreign trademarks

Is a famous foreign trademark afforded protection even if not used domestically? If so, must the foreign trademark be famous domestically? What proof is required? What protection is provided?

A famous strange trademark can be afforded protection, even if non used domestically, if it is determined famous among the domestic public. In establishing whether the trademark is famous, the familiarity of the relevant part of the public with the trademark shall be taken into account, including their familiarity with the trademark as a upshot of promotional activities in respect of the trademark. The owners of famous marks may enjoy broader protection (ie, protection for appurtenances and services not covered by the registration). Unlike materials can exist used in support of proving the fame of a marker – advertising materials, market surveys, invoices and similar materials.

The benefits of registration

What are the benefits of registration?

A trademark registration gives the proprietor the right to exclusive employ of the marker in respect of the goods or services covered by it. A registered trademark provides its holder with remedies against unauthorised use, every bit a trademark holder tin sue for infringement and obtain remedies such equally recall of infringing objects from the channels of commerce, destruction of infringing manufactures and amercement, among others.

A trademark registration is identifiable property that tin exist transferred in its own right, similar whatever other asset endemic by a person or a company. A registered trademark can be pledged as security and can be licensed. A trademark licence can exist recorded on the trademark register, giving the licensee rights to institute legal proceedings in the event of an infringement.

A registered marker can be establish when others search the official register before choosing to commence using a item name.

A trademark registration offers its owner the possibility of establishing a customs watch as an enforcement mechanism against the importation of unauthorised appurtenances.

Filing process and documentation

What documentation is needed to file a trademark awarding? What rules govern the representation of the mark in the awarding? Is electronic filing available? Are trademark searches available or required earlier filing? If so, what procedures and fees apply?

The documentation needed to file a trademark application is the post-obit:

  • the request for trademark registration, including representation of the marker for which protection is requested;
  • list of goods and services to which the mark relates; and
  • proof of payment of the fee for the trademark application.

Power of attorney is necessary only if the application is filed via a representative. The representation of the mark in awarding is governed by the regulation on the content of the register of applications and the register of trademarks, the content of requests and proposals submitted in the process for recognition and protection of trademarks, and the information published in the official gazette of the competent authority. Electronic filing is available. A trademark search before filing is available but non mandatory.

When applying for a trademark search, the applicant may submit a search request consisting of a sign for which the search is to be carried out and the number of classes of the international classification of goods and services under the Nice Agreement. The official fee for this service is two,090 Serbian dinars. This corporeality refers to one sign that is related to up to three classes of the international classification of appurtenances and services nether the Nice Agreement. For each subsequent grade after the third, there is an additional surcharge of 300 Serbian dinars.

Registration fourth dimension frame and toll

How long does it typically take, and how much does information technology typically cost, to obtain a trademark registration? When does registration formally come into consequence? What circumstances would increase the estimated time and cost of filing a trademark awarding and receiving a registration?

It typically takes nearly nine months to obtain a trademark registration. The official fee for the application of a word trademark in upwardly to iii classes is xvi,470 Serbian dinars. Each additional class costs another three,300 Serbian dinars and the same fee applies to a figurative trademark. The official fee for the registration of a discussion trademark in upwards to three classes is 32,920 Serbian dinars. Each additional class costs another iv,940 Serbian dinars and the same fee applies to the registration of a figurative trademark. The right to a trademark is caused by entry into the Register of Trademarks and is effective as of the filing appointment of the application. The circumstances that could increment the estimated time and cost of filing a trademark application and receiving a registration are, for example, incompleteness of the awarding, observation claim filed by the prior registrant and a negative search report from the Serbian Intellectual Property Office (IPO).

Classification system

What classification system is followed, and how does this organisation differ from the International Classification System as to the goods and services that tin can be claimed? Are multi-grade applications bachelor and what are the estimated cost savings?

The IPO uses the 11th edition of the Dainty Classification. Multi-class applications are available.

Test procedure

What procedure does the trademark part follow when determining whether to grant a registration? Are applications examined for potential conflicts with other trademarks? Are letters of consent accepted to overcome an objection based on a third-party mark? May applicants reply to rejections by the trademark office?

The IPO examines both absolute and relative grounds for refusal. Within iii months post-obit the publication of an awarding, a tertiary political party may file an opposition against the application raising the arguments against its registrability (both relative and absolute grounds can exist raised). Post-obit the opposition proceeding or expiration of the borderline for opposition, the IPO shall issue a decision on the registration or refusal of the application.

If the application meets the requirements for the registration of a trademark, the IPO shall request that the applicant pay a fee for the first ten years of protection and the costs of publication of the trademark, and to furnish evidence of payment. The IPO shall render a decision staying the proceedings if the applicant does not furnish evidence of the payment within the specified time limit.

When the applicant submits the prove of the fee payment, the IPO shall enter the recognised right together with the prescribed data in the Trademark Register and issue a trademark registration certificate to the holder of the right. The trademark registration certificate shall be considered a decision in an administrative process.

Letters of consent are acceptable to overcome an objection based on a third-party mark.

Use of a trademark and registration

Does use of a trademark or service mark have to be claimed before registration is granted or issued? Does proof of utilise have to be submitted? Are foreign registrations granted any rights of priority? If registration is granted without use, is there a fourth dimension by which utilize must begin either to maintain the registration or to defeat a third-party challenge on grounds of non-use?

No, the employ of a trademark or service marker does not have to be claimed before registration is granted or issued. At the asking of an interested party, the competent authority may issue a conclusion on the revocation of a trademark if the holder of the trademark or a person authorised by him or her fails, without a justified reason, to use the trademark on the domestic market for marking goods or services for an uninterrupted period of five years from the day on which the trademark was entered in the Trademark Register or from the day of its terminal use. During the proceedings for revocation of a trademark due to its non-use, the trademark holder or a person authorised past him or her must prove that the trademark has been used.

Any legal or natural person who has filed an orderly trademark application constructive in whatever member country of the Paris Convention or the World Trade Organization shall exist granted a right of priority in Serbia every bit of the filing date of the original awarding, provided that an application for the same trademark is filed in Serbia within six months of the effective date of the application in the concerned country.

Markings

What words or symbols tin exist used to indicate trademark use or registration? Is mark mandatory? What are the benefits of using and the risks of not using such words or symbols?

Mark is not regulated by Serbian law. There are no official symbols that should be used to indicate trademark use or registration of a trademark. However, marking is not prohibited in Serbia.

Appealing a denied application

Is in that location an appeal process if the application is denied?

No, there is no opportunity to gild an appeal against the decision on denying the application. An applicant may only file an administrative lawsuit earlier the authoritative courtroom, and then only the judicial appellate procedure is available. The authoritative courtroom proceedings usually terminal up to two years and the official fee for filing the lawsuit is 390 Serbian dinars.

Third-party opposition

Are applications published for opposition? May a 3rd political party oppose an application prior to registration, or seek cancellation of a trademark or service mark afterward registration? What are the main bases of such challenges, and what are the procedures? May a brand owner oppose a bad-faith awarding for its mark in a jurisdiction in which it does non take protection? What is the typical range of costs associated with a third-party opposition or cancellation proceeding?

The opposition proceeding is a novelty in the local trademark system. A tertiary party may both oppose the application (within three months post-obit the publication date) and initiate cancellation proceedings in one case the trademark has been registered. Both procedures tin can be initiated by an interested third political party (a holder of a prior right on which the opposition or counterfoil is based) and both procedures include an commutation of arguments between the parties, referring to the absolute or relative grounds for protection, or the lack thereof. Bad faith is non grounds for opposition or cancellation, merely rather grounds for challenging a trademark before the court. The official fee for filing a cancellation claim is 32,920 Serbian dinars and the official fee for the opposition is 19,230 Serbian dinars.

Duration and maintenance of registration

How long does a registration remain in outcome and what is required to maintain a registration? Is use of the trademark required for its maintenance? If so, what proof of use is required?

The duration of a trademark is ten years from the date of filing the application, and its validity may be renewed an indefinite number of times on the filing of a asking and payment of the prescribed fee.

No proof of use is required for the maintenance of the trademark unless a 3rd party initiates a revocation proceeding. In addition, the apply of a registered trademark is obligatory for the purposes of filing a lawsuit for trademark infringement.

Give up

What is the procedure for surrendering a trademark registration?

Trademark rights tin can be terminated before the expiry of the 10-twelvemonth validity menses if the trademark owner surrenders its right. The right will elapse on the day later on the owner submits the declaration of surrender to the IPO.

Related IP rights

Tin can trademarks exist protected under other IP rights?

Yes, if the sign complies with the requirements for the protection of other IP rights.

Trademarks online and domain names

What authorities governs the protection of trademarks online and domain names?

There is no special regime for the protection of trademarks online. Domain names are protected earlier the Serbian Chamber of Commerce and Industry's Committee for the Resolution of Disputes Relating to the Registration of National Internet Domains. Dispute proceedings are conducted through ADR proceedings and according to the Rules for Proceedings for the Resolution of Disputes Relating to the Registration of National Internet Domains (RNIDS), approved by the RNIDS Conference of Co-founders.