intellektus.com trademark registration

National legislation

The Law on Trademarks. Various revisions have been made to Serbian & Montenegrin Trademark Law, in accordance with TRIPS, European Community legislation (1993 and 1998 Regulations), and the WIPO joint resolution on well-known marks. These revisions are effective from January 1, 2005.

The most notable points, some of which clarify the old law, are as follows:

- Introduction of Certification trademarks, described as a form of Collective mark.
- The legal conditions required must be met at the grant of a trademark, not at the date of application.
- Parts of a trademark may be disclaimed.
- A trademark application or registration can be divided.
- Exhaustion of Rights is henceforth universal. The trademark owner can prevent exhaustion if it would harm its reputation in some manner.
- A company name does not infringe a trademark if this name was acquired in good faith and used before the trademark’s application.
- Famous marks must be registered to enjoy protection. To be famous, the mark must have a high reputation and be known to relevant members of the public.
- If an earlier rights holder tolerates a registration for five years, there is acquiescence (does not include well-known marks).
- In a cancellation action, the owner of the earlier right or its legal successor is obliged to prove that the trademark is in use. Cancellation for non-use takes effect on the date of last use (not on the date of the Decision).
- Use must be genuine use.
- Revocation on the grounds that a trademark has become generic takes effect at the time of the final Decision.
- If a trademark is filed in bad faith, the rightful owner can ask for the mark to be transferred into his/her name.
- Where an infringing mark infringes a well-known mark, it may be transferred into the name of the owner of the well-known trademark.

International legislation

Serbia is a part of  WIPO (World Intellectual Property Organization) treaties, as fallows:
- WIPO Convention, since October 1973.
- Paris Convention (Industrial Property), since February 1921.
- Madrid Agreement (International Registration of Marks), since February 1921.
- Madrid Protocol (International Registration of Marks), since February 1998.
- Nice Agreement (International Classification of Goods and Services), since August 1966.
- Nairobi Treaty (Olympic Symbol), since March 2000.
- TLT (Trademarks), since September 1998.

Serbia is an Observer of the World Trade Organization (WTO).

Membership of other bodies/treaties: Member of UCC since February 1966.