Serbia

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
• Extension of European patents to Serbia and Montenegro
• Duration
• Recording changes in the Register

Industrial Designs

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

• Conventions:
  • - Paris Convention
  • - Madrid Agreement
  • - Madrid Protocol
  • - PCT Convention
  • - Budapest Treaty
  • - Hague Agreement
  • - Lisbon Agreement
  • - EPC
• Trademark Law entered into force on 24 December 2009
• Patent Law entered into force on 10 July 2004
• Law on Design entered into force on 24 December 2009
• Copyright and related Rights Law entered into force on 1 January 2005
• Geographical Indications Law entered into force on 1 January 2005
• Law on the protection of topographies of Integrated Circuits entered into force on 1 January 2005

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 8th edition (Classes 1-45)
  • Priority date, country and number and the original Priority document which can be submitted subsequently within three months as from the Application date along with certified translation into local language. This term cannot be extended
  • PPower of Attorney simply signed by the Applicant. PoA can be submitted subsequently within 30 days as from the date of receipt of the Official Invitation from the Office. This term can be extended several times up to 6 months
• Registration Procedure: (top)
  • The Application is filed and examined with the Intellectual Property Office
  • The Intellectual Property Office examines absolute grounds for refusal
  • The registration procedure takes approximately one year as from the application date
• Opposition: (top)
  • No opposition can be filed due to the fact that the Trademark Applications are not published in Serbia. However, the observation of the interested parties can be filed with the Office.
• Duration: (top)
  • Upon payment of ten years protection fees, the Trademark is valid for 10 years as from the application date
  • Upon payment of renewal fees the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last six months of previous ten years protection period or up to six months after the expiration date with a fine of 50% of the renewal fees.
• 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 signed by the Assignor and the Assignee. Copy of the Assignment document must be legalized by the Apostille
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, simply signed by a representative of the Company
  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
  • The name and address of the inventor(s) or a statement that inventor does not wish to have his name 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
  • Power of Attorney simply signed by the Applicant
  • Priority document
  • The Application is to be filed within one year as from the priority date
  • Translation of description, claims and abstract into local language, can be filed subsequently
• Filing a National Phase of PCT Application – Requirements (top)
  • PCT application as published
  • International Search report
  • International Preliminary examination report
  • The document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors
  • Power of Attorney simply signed by the Applicant
  • Translation of description, 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 Office within 30 months as from the Priority Application date.
• Registration Procedure (top)
  • Application is to be published within 18 months as from the application date or as from the priority date
  • Request for full examination is to be filed within 6 months as from the publication date for the national applications
• Extension of European patents to Serbia and Montenegro (top)
  • Serbia has become the member of EPO as from 1 October 2010. Therefore, the European Patents filed after 1 October 2010 automatically designate Serbia. European Patents filed prior to 1 October 2010 could designate Serbia as the extension state
  • In order to have European Patent validated in Serbia translation of patent description and claims is to be submitted to the IPO of Serbia within 3 months as from publication of the mention on grant of the EP. Power of Attorney simply signed on behalf of the Patentee can be submitted subsequently.
• 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
  • 20 years as from the European filing date for the validated European Patents
  • petty patent is valid 10 years as from the application date
  • the protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest with 50% fine
• 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 signed by the Assignor and the Assignee or notarized 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)
  • description
  • Power of Attorney simply signed by the representative of the Applicant
• Registration Procedure (top)
  • The Industrial Design Application is examined by the Federal Intellectual Property Office. If the Application meets prescribed requirements, the Office is issuing the Decision on grant
  • The fees for the first five years of protection are payable once for five years period. From 6th to 25th year the fees are payable annually
• 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 signed by the Assignor and the Assignee or notarized 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