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Serbia Trademark Registration 

A trademark attorney will process your trademark registration in Serbia through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 6 months, if no objections or oppositions arise.

     

  • If I register my trademark in Serbia, do I have protection in other territories?

    The trademark registration is valid in the whole territory of Serbia.

  • Do I need to sign a Power of Attorney?

    Applicants are mandated to submit a power of attorney.

  • Are there any benefits from a pre-filing use of the trademark?
    • It may demonstrate acquired distinctiveness of the mark
    • It may help to overcome an opposition on the grounds of non-distinctiveness.
    • Minimal benefits are obtained since trademark rights are primarily established through registration.
    • The mark may become notorious in Serbia and make it difficult for a later registration of similar marks for the same goods/services
  • Will there be problems in case I don’t use my trademark after registration?

    Attack on the ground of non-use is available.

  • What are the types of trademark that can be registered in Serbia?
    • words
    • names
    • colours
    • devices
    • numbers
    • certain three-dimensional shapes
    • slogans
    • holograms
    • sheet music
    • collective marks
    • certification marks
    • well-known marks
    • service marks
  • What are the phases of application after a trademark has been filed in Serbia?

    The order of the application process is as follows:

    1. Examination on the basis of:
      • Formalities
      • Classification
      • Clarity
      • Descriptiveness
      • Distinctiveness
      • Deceptiveness
      • Conflict with prior registration
      • Functionality
      • Genericness
    2. Registration
    3. Publication of the following application particulars:
      • Mark
      • Name of applicant
      • Address of applicant
      • State or country of incorporation of applicant
      • Application number
      • Application date
      • Goods/services
      • Priority claim information
      • Representation of trademark
  • What type of trademark is not registrable?
    • generic terms
    • marks contrary to moral standards or public order
    • non-distinctive trademarks
    • names, flags or symbols of states, nations, regions, or of international organizations
    • marks that function principally as geographic location names
  • Does Serbia use the "Nice Classification" system?

    Serbia uses the Nice Classification System.

  • Does the Community Trademark apply for Serbia?

    The European Union Trade Mark registration, formerly Community Trade Mark registration, does not take effect in this jurisdiction.

  • Is there any possibility to claim priority in Serbia?

    Yes, if the following requisites are met:

    • If an applicant's home country is a member of the Paris Convention
    • If the home application was filed within six months prior to the application in this jurisdiction
    • If an applicant's home country is a member of the World Trade Organization
    • An International Registration can be based on a national application or registration in this jurisdiction.

     

    Note: Consult a trademark attorney for a more detailed explanation.

  • What do I need to do to satisfy the use requirement?

    A trademark must be used within five years from the registration date or last use of the trademark.

  • Once my trademark has been registered, for how many years will be valid?

    The initial term of a registration is 10 years.

  • What will be the renewal date of my trademark?

    The first renewal date will occur 10 years from the application filing date.

  • Is it legal to use my trademark even if it is not yet registered?

    It is illegal to use an unregistered mark for the following goods:

    • pharmaceutical products
    • pesticides
  • How many applications should I file?

    The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in Serbia.

    If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).

    In this case, proceeding with two trademark applications has the following advantages:

    1. Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
    2. You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
    3. Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.

    If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.


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