The current trademark regulations in Serbia are mainly based on the Trademark Law that came into effect on February 1, 2020. The Serbian Intellectual Property Office is responsible for managing trademark affairs and the official language is Serbian. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law. The Serbian trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Serbia is a party to international intellectual property treaties such as the Vienna Agreement, the Trademark Law Treaty, the Paris Convention, the Nice Agreement, and the Nairobi Treaty; Serbia is both a member of the Madrid Agreement and the Madrid Protocol, so trademark registration can be processed through "single country registration" or "Madrid International Registration".
At present, the Serbian government 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 in Serbia include: text, slogan, letters, numbers, graphics, color combinations, three-dimensional logos, sound, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Serbia 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/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 Serbian trademark is: application - examination - announcement - approval and issuance - registration announcement. The application will be accepted approximately one week 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 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, a 3-month announcement period will be entered, during which any interested party may raise objections. If there are no objections or objections are unsuccessful during the announcement period, the trademark will be approved for registration, and the official will issue a registration certificate and arrange for announcement.
In a smooth situation, trademark registration in Serbia takes about 9 months; If things don't go smoothly and there are rejections or objections, the time will be extended, which may take 2-3 years.
The Serbian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation/revocation application after trademark registration can generally be filed in accordance with Article 74, Article 82, and Article 84 of the Serbian Trademark Law. The reasons for invalidity/revocation are:
1. Violating the provisions of the Trademark Law;
2. Trademarks that are identical or similar to those previously applied for registration by others;
3. Without justifiable reasons, the trademark has not been actually used in the country for five consecutive years after registration.