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Patent and Trade Mark Agency Mihailovic
Belgrade, Serbia (RS)

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Zivko Mijatovic & Partners
Belgrade, Serbia (RS)

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Serbia (RS)

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09-13-2016 (Newsletter Issue 16/16)
New Domain Name Registration System
On July 26, 2016, Serbian National Internet Domain Registry (RNIDS) started implementing a new domain name registration system affecting all registrants of Serbian top-level domains, the Latin .rs and Cyrillic .срб (srb).

The new system is in line with the protocol used for registering and verifying generic domains (.com, .net and others).

New regulations compliant with the new system entered into force on the same day, July 26, 2016. Under the new rules, registrants are required to verify the email address that they use to register domains, which means that shortly after registering a new domain, a registrant will receive an email with instructions on how to confirm that the email address and other data provided are valid. The verification must happen within 20 days or the domain name will be deactivated.
Under the new rules, email addresses of the registrant and the administrative contact are the required identifying information, which the registrants have to maintain in an active state and keep updated throughout the domain name validity period. Registrants are required to notify their accredited registrars of any changes in contact information.

These newly introduced changes also affect domain name transfers and updates. To transfer domain names to another registrar, registrants will need to retrieve an authorization code and complete the transfer through their accredited registrars. The ownership change documents will be generated by the system and automatically sent to the current registrant’s email address.

Source: www.petosevic.com


01-20-2016 (Newsletter Issue 1/16)
Opposition System Soon to be Expected
The new Serbian draft trademark law, which aims to introduce the opposition system, has been sent to the government for consideration. It is expected that the new trademark law will be adopted soon. The main changes are as follows:

Observations
Under the draft law, any natural or legal person can file a written observation, only on absolute grounds, within three months from the trademark application’s publication date. This person does not become party to the proceedings. The IPO must take the written observation into consideration and send it to the applicant, who may then submit a written response within 15 days.

Oppositions
According to the draft law, the IPO will conduct formal and substantive examinations on absolute grounds. The substantive examination on relative grounds (earlier rights) will be conducted only if an opposition is filed. Namely, the holder of an earlier trademark or a well-known trademark (regardless of the list of goods/services), the licensee, or the holder of the earlier right to an individual’s name or image, copyright or industrial property right, can file an opposition based on relative grounds for refusal within three months from the application’s publication date. The trademark will not be refused if the holder of the earlier trademark or earlier right explicitly consents to the registration of the later mark. Therefore, the draft law clearly separates the absolute and the relative grounds for refusal.

Registration Certificates
Obtaining trademark registration certificate is optional under the new draft law. The certificate is issued at the request of the trademark holder and upon filing the proof of payment of the prescribed fee.

For more information, please see here

Source: www.petosevic.com


09-02-2015 (Newsletter Issue 13/15)
Industrial Design Law Amended
The Law on Amendments to the Law on Legal Protection of Industrial Design, which came into force in Serbia on May 30, 2015, aims to further harmonize Serbian legislation with the EU and bring it in line with Directives 98/71/EC and 2004/48/EC.

For further information on amendments, please check here

Source: www.petosevic.com


02-25-2015 (Newsletter Issue 3/15)
“Class Heading Covers All” Approach Abolished
The Serbian PTO explained that in 2014 it made significant efforts to harmonize its practice with practices of other national offices in the EU, singling out the abolishment of the “class heading covers all” approach as the most significant change. The amendments to the methodology for various proceedings before the Serbian PTO, including this change, came into force on January 1, 2015.

Namely, national trademarks will not be registered under the “class heading covers all” approach but under the “means what it says” approach, meaning that the national trademark applicants listing class headings will have coverage only for those goods or services which unambiguously fall under the class headings, whereas some of the general designations under these headings will have to be specified or otherwise refused protection.

The PTO has identified 11 general indications of goods/services (in IC 6, 7, 14, 16, 17, 18, 20, 37, 40 and 45) that are not considered sufficiently clear and precise.

For more information, please see here

Source: www.petosevic.com


03-12-2013 (Newsletter Issue 3/13)
Trademark Law Amended
The amendments to the Serbian trademark law were published in the Official Gazette No. 10/2013 on January 30, 2013 and came into force on February 7, 2013.

The most significant novelty is that parallel import is no longer allowed in Serbia. Namely, the previous law prescribed that trademark holders cannot oppose the use of their trademarks in connection with goods marked with such trademarks and placed into commerce anywhere in the world by the trademark holder or other person authorized by the holder. Under the amended law, the previous system of international exhaustion of rights has been substituted with a system of national exhaustion of rights, whereas now the holders cannot oppose the use of their marks with respect to goods bearing such marks and placed on the Serbian market by the holder or other person authorized by the holder. In addition, trademark holders cannot oppose the goods in transit.

Most amendments primarily aim to eliminate certain terminology shortcomings and thus ensure more accurate interpretation and effective implementation of the Law on Trademarks.

In addition, the amendments aim to harmonize Serbian regulations with the corresponding EU legislation, namely the European Directive 2004/48/EC of the Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights and the Directive 2008/95/EC to approximate the laws of the Member States relating to trade marks.

The newly amended Article 4 further refines the definition of a trademark in a way that it specifically includes two conditions that must be fulfilled simultaneously. Namely, the sign must be capable of being represented graphically and of distinguishing the goods or services in trade; therefore Article 4 has been completely harmonized with the Article 2 of the Directive 2008/95/EC.

The compliance with the above article has also been included as an additional ground for refusal within Article 5 of the trademark law.

The wording of the provisions prescribing which marks are excluded from protection has been changed to correspond to the provisions of the Directive 2008/95/EC.

According to the amended law, foreign residents no longer have to be represented before the PTO by attorneys at law or patent and trademark representatives. This obligation still stands for the non-resident foreign individuals and entities.

The previous law explicitly prescribed that an exclusive licensee is entitled to sue for the infringement. Now, this right has been granted to all licensees (exclusive and non-exclusive), unless otherwise prescribed by the license agreement.

Lastly, the right of information has been explicitly extended to the persons other than infringers in accordance to the corresponding provisions of the Directive 2004/48/EC.

Source: PETOŠEVIĆ


07-04-2011 (Newsletter Issue 9/11)
Deadline for Re-Registration Approaching
The new trademark law that entered into force in Montenegro on December 16th, 2010, obligates the owners of trademarks registered before the Serbian Intellectual Property Office to request entrance of their rights into the Montenegrin trademarks register by December 16th, 2011.

The obligatory re-registration affects national trademarks registered before the Serbian IPO prior to May 28th, 2008, the opening date of the Montenegrin IPO, unless a renewal or request for recordal of changes or Certificate of Registration had already been filed in Montenegro before December 16th, 2010. The deadline is not extendable. Failure to do so will result in loss of protection of the referenced Serbian national trademark in Montenegro.

Source: Petosevic, Montenegro


10-01-2010 (Newsletter Issue 15/10)
Accession to the Nice Agreement
The Republic of Serbia joined the Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks on September 17th, 2010.

The said Agreement will enter into force, will enter into force, with respect to the Republic of Serbia, on December 17th, 2010.


Source: www.wipo.int

12-24-2009 (Newsletter Issue 6/10)
New Trademark Law in Force
A new trademark Law came into force in Serbia on December 24th, 2009.

The main innovation of the new Law is the introduction of an Appeal stage in the trademark registration procedure. Namely, according to the previous TM Law, the IPO decisions were final and the only option against decisions of the IPO was to initiate an Administrative Court Procedure before Serbian Supreme Court.

It is now possible to file an Appeal before the Government within 15 days as from the date of receipt of the first instance decision. The Ministry of Science and Technological development will probably decide in the second instance.

The Serbian Supreme Court still remains the last instance in the IP matters since the Appellants can initiate the Administrative Court Procedure against the second instance decision within 30 days as from the date of receipt.

Source: Petosevic, Belgrade, Serbia


Legal basis is the new Trademark Law in force since December 24th, 2009 with the amendments in force as of February 7, 2013.
Serbia is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Trade marks which were protected in former Yugoslavia are also protected in Serbia.
Nice classification, 10th edition
Article 4 of the Trademark Law: Any mark that is used to distinguish goods and/or services in trade and that may be graphically presented, shall be protected by the trademark.
A mark may be comprised, inter alia, of the following: words, slogans, letters, numbers, images, drawings, combinations of colours, three-dimensional shapes, combinations of such marks, as well as of graphically presentable musical notes.

The following trademark types are registrable: trade marks, service marks, collective marks and certification trademarks.
The application is filed at the Intellectual Property Office of the Republic of Serbia.
Multiple-class applications are possible.
Foreign applicants who have no seat or residence in the Republic of Serbia need a local agent.
A non-legalized power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 9 months.
In special cases, designated by law, an urgent registration is possible.
After registration, the trademark is published in the two-monthly “Glasnik intelektualne svojine”.
National:
There are no provisions for filing opposition against a pending trademark application. However, it is possible, to file an observation claim against the pending trademark basing such claim on prior mark which the observant considers similar to the one being examined. This motion only serves to draw the Examiner's attention on the existence of prior similar mark. The Examiner is not obliged to issue any Decision regarding such claim, neither is he obliged to accept the arguments stated therein.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application. It is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration or has later not been used for 5 consecutive years, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official fee is approx. EUR 120.00 for up to three classes without figurative element and approx. EUR 140.00 for up to three classes (with figurative element). Each additional class (after third) is EUR 24.00. The prices may of course vary due to currency changes.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 240,00 € 90,00 € 
Word Mark Search (identical) 90,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
01-17-2017
Zivko Mijatovic & Partners, Belgrade, Serbia  

12-02-2014
Zivko Mijatovic & Partners, Belgrade, Serbia  

03-12-2013
PETOŠEVIC, Belgrade, Serbia

02-04-2011
PETOŠEVIC, Belgrade, Serbia

02-03-2011
Zivko Mijatovic & Partners, Belgrade, Serbia  



Patent and Trade Mark Agency Mihailovic



Mila Mihailovic

Mila Mihailovic
Hilandarska 5/I
11 000 Belgrade
Serbia (RS)
Tel + 381 11 3221 288
Fax + 381 11 3229 274
ip@ptma-mihailovic.com
www.ptma-mihailovic.com

Since 1937, our family run law firm - Patent and Trade Mark Agency Mihailovic, has been providing efficient and high value service to our clients.

With headquarters in Belgrade (Republic of Serbia) and offices in Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Slovenia and Albania, we are a one-stop IP solutions company for the entire region.
It is exactly this position that enables us to act on behalf of our clients in the Balkans, but also in the EU.

Through our EU based offices, we are able to assist clients in EUTM availability searches, offer support through the EUTM registration process as well as offer guidance when converting EUTM trade marks into national applications in Slovenia and Croatia.

Even at 80 years old, we are still passionately dedicated to providing prompt and individual attention to our clients and their needs - from strategic IP consulting, new patent applications or validations, trade mark and design filings, renewals and portfolio management to litigation (which was our primary activity to begin with) and various Customs related matters on behalf of our clients.

Learn more on our website or contact us vie e-mail to see how you could benefit from our devoted and efficient approach to IP protection in the Balkans and the EU!

Zivko Mijatovic & Partners



Djura Mijatovic


Zivko Mijatovic & Partners
Studentski trg 4
11000 Belgrade
Tel: +381 11 3341 771
Fax: +381 11 3341 792
patents@zm-p.com
www.zm-p.com



Our law firm was established in 1939 in Belgrade, Yugoslavia as a general practice law firm. It has grown progressively and today, we have ten offices in nine European countries.

Our services are provided through the network of ZMP offices which cover the Balkan Peninsula, Central Eastern Europe as well as the whole EU via our office in Alicante, Spain the home of the Office for Harmonisation in the Internal Market (OHIM).

Over the last thirty years, the primary activity of our office has been the protection, via prosecution and litigation, of all Intellectual Property rights. Nonetheless, our activity still embraces other fields of law and consequently we are at your disposal to provide you with full range of services in the field of Commercial Law and Corporate Law in all the countries of The Balkans.

Our constant presence in eight different neighbouring countries of the Balkans, allows us to provide our clients with immediate and simultaneous service in two to eight different countries of the region, by simply contacting one of our offices. That is why the services we provide are unique in the region.

Intellectual Property Office Republic of Serbia
Kneginje Ljubice 5
11000 Beograd
Republic of Serbia
Tel +381 11 20 25 80 0
Fax +381 11 31 12 37 7
Mail zis@zis.gov.rs
www.zis.gov.rs
Kosovo:
Ministry of Trademark Industry
Industrial Property Office
Office No. 301
St. Perandori Justinian, no. 3–5
Qyteza Pejton
10000 Pristina
Republic of Kosovo

Tel. + 381 38 21 25 70

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int