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Trademarks
- Paris Convention
- Madrid Agreement
- PCT Convention
2. Law on Industrial Property valid as of August 28, 2002
Trademarks
Filing the Application – Requirements:
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- Name and address of the Applicant
- Representation of the Mark
- List of goods and services according to Nice Classification
8th edition (Classes 1-45)
- Priority date, country and number and the original Priority
document which can be submitted subsequently within 3 months as
from the Application date. This term can be extended for the additional
three months
- Power of Attorney simply signed by the Applicant. PoA can be
submitted subsequently within three months as from the application
date. This term can be extended for the additional three months
Registration Procedure:
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- The Application is filed and examined with the Institute for
Standardization, Measurements and Intellectual Property (Institute)
- The Institute examines absolute and relative grounds for
refusal
- The registration procedure takes approximately five years as
from the Application date
- There are no provisions regarding Opposition
against Trademarks in Bosnia and Herzegovina. It is possible
to file observations against a pending Trademark Application
- Upon payment of ten years protection fees,
the Trademark is valid for 10 years as from the application date, except
in case of revalidation, see below
- Upon payment of renewal fees the Trademark can be extended
for a further 10 years. The renewal fees can be paid during the last
year of the previous ten year protection period or up to six months after
the expiration date with a fine of 50% of the renewal fees.
- Revalidations of former Yugoslav Trademark Registrations keep
the same renewal dates as the original former Yugoslav Trademarks
Recording changes in the Register:
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1. Assignment of rights
Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document simply signed by the Assignor and the Assignee
– No legalization or notarization is required
Requirements:
- Power of Attorney indicating the new name of the company, simply signed by
the representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change
of name
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
Patents
Filing a Conventional Application – Requirements
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- Name and address of the Applicant
- List of inventors
- Priority date, country and number
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- Power of Attorney simply signed by the Applicant – can
be submitted subsequently, within three months as from the Application
date. This term can be extended for an additional three months
- Priority document – can be submitted subsequently, within
three months as from the Application date. This term can be extended
for an additional three months
- The Application is to be filed within one year as from the priority
date
- Translation of specification, claims and abstract into local
language, can be filed subsequently
Filing a National Phase of PCT Application
– Requirements [ top
]
- Name and address of the Applicant
- List of inventors
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- Priority date and number
- International Search report
- International Preliminary Examination Report for the applications
filed under Chapter II of Patent Corporation Treaty
- PCT Request
- PCT Publication page
- Power of Attorney simply signed by the Applicant – can
be submitted within three months as from the Application date.
This term can be extended for an additional three months
- Translation of specification, claims and abstract into local
language, can be filed subsequently
Time limits for filing of National phase of PCT Application
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- The Application is to be filed with the Institute within 34 months
as from the Priority Application date.
Registration Procedure
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- The Applications are published within 18 months
as from the application date and upon publication, the Decision
on grant is issued by the Institute for Standardization, Measurements
and Intellectual Property (Institute)
- Prior to the expiration of the 9th year of protection, the Applicant
is obliged to submit the evidence that the European Patent has been
granted for the same invention. In case that no EP has been filed
than the evidence that the patent for the same invention has been
granted by the Institution bearing the status of the International
Authority for evaluation of patents should be submitted to the Institute.
In case that no evidence is submitted, the Patent will be valid
until the expiration of the 10th year of protection
- 20 years as from the application date for Conventional Patents
- 20 years as from the International filing date for the National
phase of PCT patents
- duration can be extended for a maximum of five years in the following
cases:
a) in case of war or similar extraordinary conditions –
extension applies for the entire duration of such condition or
event;
b) in case the patent subject is a product or a product manufacturing
procedure requiring legally regulated permits for initiation of
economic exploitation – extension applied for the entire
duration of such an additional legal procedure
- petty patent is valid 10 years as from the application
date
- protection fees are to be paid annually, prior to expiration
of the year for which the protection fees have been paid or six
months after expiration of the protection period at the latest,
with 50% fine.
Extension of the European Patent - requirements:
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- European Patent Application filed after 1 December 2004 and designating Bosnia and Herzegovina
- Name and address of the Applicant
- Application date and number of the European Patent Application
- Registration date and number of the European Patent Application
- Translation of the Patent description into local language
- Power of Attorney simply signed by the Applicant - can be submitted subsequently, within one month as from the Application date
Time limits for filing the Application for the extension of the European Patent
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- The Application for the extension of the European Patent is to be filed within 3 months as from the date of publication of grant of the European Patent
Recording changes in the Register:
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1. Assignment of rights
Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document simply signed by the Assignor and the Assignee
– no legalization or notarization is required
Requirements:
- Power of Attorney indicating the new name, simply signed
by the representative of the Company
a) Extract from the Company Registers showing the
change of name or
b) Statement of the Secretary of the State showing the change
of name
3. Change of address
Requirements:
- Power of Attorney indicating the new address, simply signed
by the representative of the Company
Industrial Design
Filing the Application – Requirements
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- name and address of the Applicant
- name and address of the author or notice that the author chooses
not to be mentioned in the application
- information regarding the number of external shapes the protection
is requested for
- full and short title of the industrial design
- a two-dimensional presentation of the shape being the subject
of protection (photograph or a graphic presentation of the product
the protection is requested for)
- specification
- Power of Attorney, simply signed by the representative of the
Applicant. The PoA can be submitted subsequently within three
months as from the Application date. This term can be extended
for an additional three months
Registration Procedure
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- The Industrial Design Application is examined by the Institute
for Standardization, Measurements and Intellectual Property (Institute).
If the Application meets prescribed requirements, the Institute
is issuing the Decision on grant
- Ten years protection fees are payable upon the grant of the
Industrial Design for entire 10 years period
- 10 years as from the Application Date
Recording changes in the Register:
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Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document simply signed by the Assignor and the Assignee
– no legalization or notarization is required
Requirements:
- Power of Attorney indicating the new name, simply signed by
the representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of the State showing the change
of name
Requirements:
- Power of Attorney indicating the new address, simply signed
by the representative of the Company
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