Protect trademark under law in Serbia

Serbia owns many potential industries for trademark registration, benefiting businesses in many sectors. In the agriculture and food processing industry, Serbia has natural favorable conditions for agricultural production, creating an abundant source of raw materials for high-quality products such as fruits, vegetables, grains, and meat. Trademark registration helps businesses affirm the origin and outstanding quality of products, building trust with consumers. In addition, the demand for high-quality food in the international market is always high. Businesses that own strong brands can easily access export markets, increase revenue and affirm their brand position globally. Serbia’s textile and leather industry has a long tradition, known for its high-quality handmade products and unique designs. Trademark registration helps protect brand value, preserve cultural identity, and attract customers who love high-end handmade products. The Serbian pharmaceutical and cosmetics industry is highly appreciated for product quality, prestige and efficiency. Trademark registration helps protect unique formulas, affirm product quality, thereby building trust and attracting potential customers. Serbia possesses many unique cultural heritages, majestic natural landscapes, and quality tourism services, attracting tourists from all over the world. Trademark registration helps tourism businesses affirm their reputation, create professional brands, attract international tourists and develop the local tourism industry. The well-known brand makes it easy for Serbian tourism businesses to cooperate with international partners, expand their business network and improve the quality of tourism services, contributing to the overall development of the Serbian tourism industry. Viet An Law would like to guide customers through the preliminary procedures for trademark registration application in Serbia through the article below.

Legal Basis

• Trademark Law (Official Gazette of the Republic of Serbia No. 6/2020)

Definition of Trademark in Serbia

A trademark in Serbia is a protective right for a sign used in trade to distinguish the goods and services of an individual or legal entity from the goods and services of another person or legal entity.

In other words, a trademark is a sign that helps consumers recognize and distinguish the origin of a product or service.

Conditions for registering a trademark in Serbia

• Uniqueness: The trademark must be distinctive enough to distinguish the applicant’s goods or services from other products on the market.
• Do not infringe on the rights of others: Trademarks must not be identical or confusing to previously registered trademarks.

Types of trademarks that can be registered in Serbia

In Serbia, the types of trademarks that can be registered include:

• Word trademarks: Includes words, letters, or numbers.
• Image trademarks: Include drawings, logos, or symbols.
• Combination trademarks: Combining both word and image trademarks.
• Three-dimensional trademarks: Includes the shape of the product or packaging.

Trademark Registration Dossier in Serbia

To register a trademark in Serbia, the applicant needs to prepare a set of documents and submit them to the Intellectual Property Office of the Republic of Serbia (ZIS). Here are the details of the main documents:

Application Form: Download the official trademark registration form from the ZIS website (https://www.zis.gov.rs/wp-content/uploads/z-1-2021-fin.pdf). Fill in the complete and accurate information on the application form, including:

• Applicant information (name/company name, address, nationality)
• Authorization information (if the applicant files through a representative organization)
• Trademark details (trademark type, description, group of goods/services)
• Priority claim information (if applicable, priority requests from applications filed in another country)

Trademark Representative:

• Depending on the type of trademark the applicant applies for, the applicant needs to provide clear representation:
  • Word trademarks: Submit an image of the actual letter that the applicant wants to register.
  • Image trademarks: Provide an image file (e.g., JPG, PNG) that depicts a logo, design, or icon.
  • Combination trademarks: Clear visual representation that shows a combination of text and visual elements.
  • Three-dimensional/moving logo trademarks: Prepare a detailed written description of the three-dimensional or moving elements, along with a video recording of the brand’s introduction.
  • Color trademarks: Submit a clear visual representation of a specific color or color combination the applicant wants to apply.
• Power of Attorney (Optional):
  • While not required, the applicant should include a Power of Attorney (POA) authorizing an attorney or intellectual property representative to handle the registration process on behalf of the applicant.
  • The applicant can obtain a POA sample from the ZIS notary and notary.
• Fees: The applicant needs to pay official government fees to file a trademark application.

Trademark protection registration in Serbia 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 register protection in up to 130 countries. Applicants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• Serbia acceded to the Madrid Agreement on 27 April 1992
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (the “country of origin”) and then extend protection to other member states (the “designated country”) through a single international application.

Madrid Protocol:

• Serbia acceded to the Madrid Protocol on 17 February 1998
• The Madrid Protocol modernizes and simplifies the international trademark registration system 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 the Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Application includes the Madrid Application of Vietnamese origin and the Madrid Application with the designation of Serbia.

For Madrid Applications of Vietnamese origin, the applicant must file 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 originating from Vietnam 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 are exactly the same as the trademark in the registration application filed in Vietnam (basic application) or the trademark registration certificate (basic registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Power of attorney in Vietnamese (According to the form of Viet An Law Firm);
• Receipts of payment of fees for carrying out procedures for international registration of trademarks originating in Vietnam;
• Other relevant documents (if necessary).

Fees for filing through the Madrid System

Fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color trademarks) (Note! A 90% discount applies if the applicant files at the Intellectual Property Office of a developing country at least); and

The additional fees depend on where the applicant wants to protect his trademark and the number of groups of goods and services the applicant wants to cover. In order to expand its geographical coverage, or modify or renew its international registration, the applicant will have to pay additional fees.

If you want to file a trademark registration application, please contact Viet An Law for the most effective support.