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Filing and registration
Do agents filing for registration of a mark on behalf of the owner require power of attorney? If so, is notarisation or legalisation required?
Yes, agents are required to submit power of attorney on behalf of the owner, but it should only be signed.
What information and documentation must be submitted in a trademark registration application?
The essential elements of the application are:
- the request for registration;
- the sign for which protection is requested; and
- the list of goods or services to which the sign relates.
An application may contain a request for registration of a single trademark relating to one or more types of goods or service.
The request for registration must include:
- the particulars of the applicant;
- a statement to the effect that the trademark is an individual trademark, collective trademark or warranty trademark;
- a representation of the sign;
- an indication of the class or classes under which the goods or services are classified according to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks; and
- the signature and stamp of the applicant.
If the sign includes a figurative element, the depiction of this element must be clearly made on good-quality paper and must be suitable for reproduction.
This is regulated by the Regulation on the Content of the Registers of Trademark Applications and Registered Trademarks (Official Gazette 43/2010 ).
Are multi-class applications allowed?
Is electronic filing available?
What are the application fees?
The administrative fee for an application for a word mark in up to three classes is €140, with an additional fee of €27 for each additional class or figurative mark application.
How are priority rights claimed?
Union priority right
Any legal or natural person which has filed a trademark application in a member state of the Paris Union or the World Trade Organisation has a right of priority in Serbia as of the filing date of the original application, provided that an application for the same trademark is filed in Serbia within six months of the effective date of the first application. The Serbian application must include the filing date of the original application, the application number and the country where it was filed.
The competent authority will issue a priority certificate on the request of the domestic or foreign natural or legal person which filed the trademark application. The request for a priority certificate must include:
- data about the applicant;
- a representation of the sign;
- a list of the goods or services; and
- proof of payment of the fee for the certificate.
Exhibition priority right
An applicant which, within three months before filing an application, has used a sign to mark a product or service in an exhibition or international fair in Serbia or in another member state of the Paris Union or the World Trade Organisation may request in the application to be granted a priority right from the date of first use of such sign.
Are trademark searches available or required before filing? If so, what procedures and fees apply?
Yes. The procedure consists of searching the official database of the Intellectual Property Office (IPO) of the Republic of Serbia for a word mark (no official fee) or filing a request with the IPO for a trademark search for a device mark (official fee of €25). The IPO provides the search results within seven to 10 days and the search opinion is based on the results provided.
What factors does the authority consider in its examination of the application?
It considers the formal requirements as well as absolute and relative grounds for refusal.
Does the authority check for relative grounds for refusal (eg, through searches)?
If the authority raises objections to the application, can the applicant take measures to rectify the application? If so, what rules and procedures apply?
Yes, the applicant can take measures to rectify the application. Namely, if the IPO finds that the application should be refused on the basis of relative or absolute grounds, it will inform the applicant in writing of the grounds of refusal and ask for comments.
Can rejected applications be appealed? If so, what procedures apply?
Yes – an appeal can be filed with the Administrative Commission of the Government of the Republic of Serbia, which acts as a second-instance authority. The applicant should submit all arguments on which the appeal is based, and the decision will be issued in nine to 12 months.
When does a trademark registration formally come into effect?
The right to a trademark is acquired by entry into the Register of Trademarks and is effective as of the filing date of the application.
What is the term of protection and how can a registration be renewed?
The duration of a trademark is 10 years from the date of filing the application, and its validity may be renewed for an indefinite number of times on the filing of a request and payment of the prescribed fee.
What registration fees apply?
The official fee for registration of a word trademark in up to three classes is €287. Each additional class costs another €37, and the same fee applies to registration of a figurative trademark.
What is the usual timeframe from filing to registration?
Nine to 12 months.
Can third parties formally oppose an application? If so, on what grounds and what rules and procedures apply?
No – there is no opposition system in Serbia. Third parties may file an observation claim bringing their prior trademark to the examiner’s attention; however, they do not become a party in a proceeding.
What is the usual timeframe for opposition proceedings?
Are opposition decisions subject to appeal? If so, what procedures apply?
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