Bosnia and Herzegovina

Trademarks

• Filing the Application – Requirements
• Registration Procedure
• Opposition
• Duration
• Recording changes in the Register

Patents

• Filing a Conventional Application – Requirements
• Filing a National Phase of PCT Application - Requirements
• Time limits for filing a National phase of PCT Application
• Registration Procedure
• Duration
• Extension of validity of the European Patents
• Recording changes in the Register

Industrial Designs

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

• Conventions:
  • - Paris Convention
  • - Madrid Agreement
  • - PCT Convention
  • - Budapest Treaty
  • - Hague Agreement
  • - Lisbon Agreement
• Patent Law of 1 January 2011
• Trademark Law of 1 January 2011
• Design Law of 1 January 2011

Trademarks

• Filing the Application – Requirements: (top)
  • Name and address of the Applicant
  • Representation of the Mark
  • List of goods and services according to Nice Classification 9th 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: (top)
  • The Application is filed and examined with The Institute for Intellectual Property of Bosnia and Herzegovina (Institute)
  • The Institute examines absolute grounds for refusal
  • The registration procedure takes approximately five years as from the Application date
• Opposition: (top)
  • The opposition can be filed against the published Trademark Application within three months as from the date of publication
• Duration: (top)
  • 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: (top) 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
  2. Change of name 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
  3. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company

Patents

• Filing a Conventional Application – Requirements (top)
  • Name and address of the Applicant
  • Name and address of the Inventor(s) or the statement that the Inventor does not wish to be mentioned in the Application
  • Priority date, country and number
  • Description of Patent
  • Patent Claims
  • Drawings (if any)
  • Abstract – summary of the invention
  • The document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently, within two months as from the Application date. This term can be extended for an additional two months
  • Power of Attorney simply signed by the Applicant – can be submitted subsequently, within one month as from the Application date. This term can be extended for an additional two months
  • Priority document – can be submitted subsequently, within two months as from the Application date. This term can be extended for an additional two 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
  • Name and address of the Inventor(s) or the statement that the Inventor does not wish to be mentioned in the Application
  • Description of Patent
  • Patent Claims
  • Drawings (if any)
  • Abstract – summary of the invention
  • Priority date, country and number
  • International Search report
  • International Preliminary Examination Report for the applications filed under the Chapter II of Patent Corporation Treaty
  • PCT Request
  • PCT Publication page
  • The document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted within two months as from the Application date. This term can be extended for an additional two months
  • Power of Attorney simply signed by the Applicant – can be submitted within one month as from the Application date. This term can be extended for an additional two months
  • Translation of specification, claims and abstract into local language, can be filed subsequently
• Time limits for filing a National phase of PCT Application (top)
  • The Application is to be filed with the Institute within 34 months as from the Priority Application date.
• Registration Procedure (top)
  • The Applications are published in the Official Gazette. Six months after the publication one of the following claims should be filed with the Institute:
  • a) Claim for substantive examination of the Patent Application;
  • b) Claim for examination of Patent Application based on the Patent granted for the same invention by the institution bearing the status of the International authority for evaluation of patents or
  • c) Claim for grant of the Patent without substantive examination
• Duration (top)
  • 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
  • consensual 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
• Validation of the European Patent - requirements: (top) Bosnia and Herzegovina is the extension state of EPO
  • 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 claims 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 validation of the European Patent (top)
  • The Application for validation 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: 1. Assignment of rights Requirements: (top)
  • Power of Attorney simply signed by the Assignor
  • Power of Attorney simply signed by the Assignee
  • Original Assignment document or certified copy of the same
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, simply signed by a 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
  2. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company

Industrial Design

• Filing the Application – Requirements (top)
  • 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)
  • Power of Attorney simply signed by the Applicant – can be submitted within one month as from the Application date. This term can be extended for an additional two months
• Registration Procedure (top)
  • The Institute performs formal examination of application. If the application meets prescribed formal requirements, the Institute is issuing the Decision on grant
  • The first five years protection fees are payable upon the grant of the Industrial Design. The fees for each subsequent five years are payable during the last year of the previous protection period or up to six months after the expiration of the fifth year with 50% fine
• Duration (top)
  • 25 years as from the Application Date
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • Power of Attorney simply signed by the Assignor
  • Power of Attorney simply signed by the Assignee
  • Original assignment document or certified copy of the same.
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, simply signed by a 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
  3. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company