On January 25, 2019, the Republic of Macedonia officially changed its name to the Republic of North Macedonia, abbreviated as North Macedonia. The current trademark regulations in North Macedonia are mainly based on the Industrial Property Law, which came into effect on February 25, 2009. The National Industrial Property Office of North Macedonia is responsible for managing trademark affairs and the official language is Macedonian. The trademark registration in North Macedonia follows the principle of "application first". Trademark registration is not mandatory, but for better protection or renewal, it is best to register in accordance with the law.
North Macedonia is a party to international intellectual property treaties such as the Paris Convention, the Convention Establishing the World Intellectual Property Organization, the Nairobi Treaty, the TRIPS Agreement, and the Vienna Agreement. It is a member of the Madrid Agreement and the Madrid Protocol, and trademark registration can be processed through "single country registration" or "Madrid international registration".
At present, North Macedonia adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks include: text, letters, numbers, graphics, images, color combinations, three-dimensional shapes, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in North Macedonia must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product 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 North Macedonia trademark is: application - examination - announcement - approval and issuance of certificates. 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 and whether it violates the prohibition and prohibition clauses. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The opposition period is three months from the date of announcement, and anyone can raise an objection to the registration of the trademark. The main reasons for raising an objection are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in North Macedonia takes about one year; If things don't go smoothly and there are rejections or objections, the time will be greatly extended.
The North Macedonia trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within one year before the expiration date, with a grace period of nine months; The renewal is valid for 10 years.
After trademark registration, an invalidation application can generally be filed in accordance with Article 213 of the Industrial Property Law of North Macedonia, which came into effect on February 25, 2009
1. Without justifiable reasons, the trademark has not been actually used in the country for five consecutive years after registration;
2. Due to the actions and inactions of the registered trademark owner, the trademark becomes a generic name for the registered goods or services;
3. The actual use of the trademark may lead to public misidentification of the nature, quality, and geographical origin of the goods/services.