The current trademark regulations in Bosnia and Herzegovina are mainly based on the Trademark Law, which came into effect on January 1, 2011. The Bosnia and Herzegovina Intellectual Property Office is responsible for managing trademark affairs, with official languages being Bosnian, Serbian, and Croatian. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law.
Bosnia and Herzegovina is a contracting party to international intellectual property treaties such as the Paris Convention, Nice Agreement, Nairobi Treaty, Trademark Law Treaty, Singapore Treaty, and Vienna Agreement. It is also a member of the Madrid Agreement and Madrid Protocol, so trademark registration can be processed through "single country registration" or "Madrid international registration".
At present, the Bosnia and Herzegovina Intellectual Property Office adopts the Nice Classification 11th edition of goods and services descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Bosnia and Herzegovina include: text, letters, numbers, graphics, three-dimensional logos, color combinations, etc.
If the applicant is a foreign natural or legal person, they must entrust a specialized agent in the local area to handle it. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Bosnia and Herzegovina is: application acceptance examination announcement approval issuance. The application will be accepted within about 2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. After the substantive examination is approved, an announcement will be arranged, and a 3-month objection period will be set from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. Conflict with other prior rights, such as design, copyright, personal name, etc;
4. The trademark lacks distinctiveness;
5. Trademarks have adverse effects.
In a smooth situation, trademark registration in Bosnia and Herzegovina takes 1-2 years; If there are any objections or rejections encountered during the process, the time will be extended.
The Bosnia and Herzegovina trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2. If the trademark expires without renewal;
3.If a trademark has not been actually used in that country for five consecutive years after registration, any interested party may apply for revocation; Except for force majeure.