Trademark registration in Bosnia and Herzegovina

Bosnia and Herzegovina is located in southeastern Europe, bordered by Croatia to the north and northwest, Serbia to the east, Montenegro to the southeast and the Adriatic Sea to the south. This means that the country is located at the crossroads of the main trade routes connecting Eastern Europe with Western and Southern Europe, making it advantageous to connect with other European markets. Bosnia and Herzegovina also has a short coastline on the Adriatic Sea, providing the country with access to shipping and trade. Bosnia and Herzegovina has diverse natural landscapes, including mountains, forests and rivers which is advantageous for the country to become a potential tourist destination. The country is attracting many businesses from many parts of the world to invest. To be able to differentiate your brand from other competitors, the investment for each business is trademark registration. Viet An Law would like to guide you through the preliminary procedures for trademark registration in Bosnia and Herzegovina through the article below.

Legal basis

• Trademark Act 2011;
• Other relevant legal documents.

Definition of “trademark” in Bosnia and Herzegovina

A trademark is a right to protect symbols that distinguish one business’s products or services from other business’s similar or similar products/services. The type of product/service to which the trademark is applied is not an obstacle to trademark registration.

A trademark that distinguishes identical or similar products/services, and can be represented visually, may be protected as a trademark. A symbol may include:

• Words, including personal names
• Figure
• Letter
• Numeral
• Image
• The shape of the product or packaging
• Colour
• Three-dimensional cubes or combinations of these elements.

A trademark, as an identification marker, has four main functions: distinguishing products/services, originating products/services, quality and promoting markets. The trademark is granted by the competent authority of the state for a certain fee and has a period of validity within a specific territory.

Trademark registration documents in Bosnia and Herzegovina

For an individual/organization trademark application

Application on Form Z-01

You can choose to download the application form at the link below:

https://www.ipr.gov.ba/en/stranica/forms-for-trademark The content of the application requires the following information: Trademark to be protected; List of trademark products/services intended for registration (classified under the Nice Agreement); Applicant Information

Power of attorney (in case the applicant submits an application through a representative organization)

Fee payment receipt

Other documents (if any)

For a collective trademark application

In addition to the above documents, the following additional documents should be submitted. A general document of collective branding must include:

• Information about the applicant/person authorized to represent;
• Regulations on the form of the sign and on the goods/services to which the sign relates;
• Regulations on who is allowed to use collective trademarks and under what conditions;
• Stipulating the rights and obligations of users of collective trademarks in case of infringement;
• Provides for measures and consequences in case of non-compliance with the provisions of the general document.

For application for registration of a secured trademark

In addition to the above documents, the following additional documents should be submitted:

A general document on a trademark must include provisions on:

• General characteristics of goods/services guaranteed by the guaranteed trademark;
• Supervise the use of trademarks endorsed by the owner.

How to file a trademark application in Bosnia and Herzegovina

To file for trademark protection in Bosnia and Herzegovina, you can apply by the following filing methods:

• Direct submission: Customers can come directly to the office of the Intellectual Property Institute of Bosnia and Herzegovina Bosnia and Herzegovina at Kneza Domagoja bb. 88000 Mostar to submit the application and related documents.
• By Post or Email, Fax: You can send your application and all required documents via postal service or courier service to the address of the Intellectual Property Institute of Bosnia and Herzegovina Bosnia and Herzegovina at Kneza Domagoja bb. 88000 Mostar.
• Submit online via website:

http://reg.ipr.gov.ba/wopublish-search/public/home;jsessionid=F5BD193B70A280CA506D766881E21993?0

When applying online, you should pay attention to the payment of the relevant fee in accordance with the guidelines of the Bosnia and Herzegovina Institute of Intellectual Property.

Note: For applications submitted by post, by fax or at the official email of the Institute, provided that within eight days of receipt, the application must be submitted to the Institute in written form.

Trademark registration fees in Bosnia and Herzegovina

The trademark registration fee in Bosnia and Herzegovina depends on a number of factors, including:

Trademark Type

• Individual/organizational brand: The most basic type, including one or more products/services.
• Collective mark: Used by an association of manufacturers or suppliers of goods/services.
• Trademark guarantee: Used to guarantee the origin, quality or other characteristics of goods/services.

Number of product/service groups: Your fee increases with the number of groups your brand includes. You can find the classification list in the Nice Agreement on the International Classification of Goods and Services.

Here are some cost estimates:

Individual/entity brand: One group: €150 – €200; Two groups: €200 – €250; Each additional group: €50 – €75

Collective mark or guarantee: One group: €200 – €250; Two groups: €250 – €300; Each additional group: €75 – €100

Registration of trademarks in Bosnia and Herzegovina through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• Bosnia and Herzegovina joined the Madrid Accords on 1 March 1992.
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Bosnia and Herzegovina acceded to the Madrid Protocol on 27 January 2009.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Application consists of the Madrid Single of Vietnamese origin and the Madrid Single with the Vietnamese designation.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Bosnia and Herzegovina of Viet An Law Firm

• Carry out the search and notify customers in writing of the results of trademark search in Bosnia and Herzegovina;
• Prepare the dossier and file directly on behalf of the trademark owner and monitor the status of the trademark application filing in Bosnia and Herzegovina;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Bosnia and Herzegovina;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives implementing procedures in Bosnia and Herzegovina.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to apply for trademark registration in Bosnia and Herzegovina, please contact Viet An Law Firm for the most effective support.