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Trademarks
- Paris Convention
- Madrid Agreement
- PCT Convention
2. Intellectual
Property Law valid as of July 15, 1993
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 one month
as from the Application date
- Power of Attorney simply signed by the Applicant. PoA can be
submitted subsequently within one month as from the application
date
Registration Procedure:
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The Application is filed with the Macedonian Intellectual Property Protection Office
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The Office examines absolute grounds for refusal. The Application is published and the opposition can be filed against it within 3 months as from publication date
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The registration procedure takes approximately three years as from the application date
- Opposition can be filed within 3 months as from publication date of the application
- Upon payment of ten years protection fees,
the Trademark is valid for 10 years as from the application date, unless
for 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 three months after
the expiration date with a fine of 25% of the renewal fees or 3-9 months after the expiration date with a fine of 50% of the renewal fees.
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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 signed by the Assignor and the Assignee. Document
must be legalized by the Apostille or notarized by Notary Public
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
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
a) the extract from the Register of the companies showing the change
of address or
b) the statement of the Secretary of State showing the change of
address
Patents
Filing a Conventional Application
– Requirements
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- Name and address of the Applicant
- List of inventors
- Priority date and number
- Specification 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 one month as from the Application
date
- Priority document – can be submitted subsequently, within
one month as from the Application date
- 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
- Specification 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 the Chapter II of Patent Corporation Treaty
- PCT Request
- PCT Publication page
- Power of Attorney simply signed by the Applicant – can
be submitted within month as from the Application date.
- Translation of specification, claims and abstract into local
language,
can be filed subsequently
Time limits for filing a National phase of PCT Application
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- The Application is to be filed with the Office within 30 months as from the Priority Application date.
Extension of the European Patent - requirements
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- Macedonia must be specified as the extension
state
- 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 Macedonian
- 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 [ top
]
- 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
Registration Procedure
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- Prior to the expiration of 9th year of protection,
the Applicant is obliged to submit the evidence that the European
Patent has been granted for the same invention or 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. 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
- 20 years as from the European filing date for the Applications
for extension of EP
- the protection fees are to be paid annually, prior to the expiration
of the year for which the protection fees have been paid or three
months after the expiration date with 25% fine or 3-9 months after
the expiration of the protection period at the latest with 50% fine
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. Document
must be legalized by the Apostille or notarized by Notary Public
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
a) the extract from the Register of the companies showing the
change of address or
b) Statement of the Secretary of State showing the change of
name
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
- title and description of the design with novelty information
- photo or drawings of the design
- Power of Attorney simply signed by the Applicant – can
be submitted subsequently, within one month as from the Application
date
- Original priority document or Certified copy, in case a priority
is claimed – can be filed subsequently within 30 days from
the date of filing the application
Registration Procedure
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- The Industrial Design Application is examined by the Patent
Office. If the Application meets prescribed requirements, the
Institute is issuing the Decision on grant
- Ten years protection fees are payable once 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 signed by the Assignor and the Assignee. Document
must be legalized by the Apostille or notarized by Notary Public
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
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
a) the extract from the Register of the companies showing the change
of address or
b) the statement of the Secretary of State showing the change of
address
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