Register Trademark in North Macedonia

North Macedonia is located in the center of the Balkans, adjacent to major markets such as Greece, Bulgaria, Serbia, Kosovo, Albania. This location is convenient for trade, transportation of goods and access to regional markets. North Macedonia possesses many rich cultural heritage, history and majestic natural landscapes, attracting visitors to visit. The tourism industry has strong development potential, bringing income to the state budget and creating jobs for people. The North Macedonian government is investing heavily in infrastructure development, including roads, bridges, airports, industrial parks. The improved transportation system promotes trade and the transportation of goods. To attract foreign investment, the North Macedonian government has issued many tax incentives, tax exemptions, and financial support to attract foreign investment. Priority sectors to attract investment include manufacturing, agriculture, tourism, and information technology. Therefore, more and more businesses are expanding their business scope here, in order to be able to distinguish their brand from other competitors, businesses need to pay attention to the procedure for trademark registration. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in North Macedonia through the article below.

Legal basis

• Law on Industrial Property 2009

The concept of “trademark” in North Macedonia

Trademark protection symbols can be represented by images and have the ability to distinguish the goods or services of one business from those of other businesses.

Trademarks can protect marks that distinguish products, including:

• Words, letters, numbers
• Photos, drawings
• Color combinations
• Three-dimensional shapes, including the shape of goods or their packaging
• The combination of all the above-mentioned signs
• Words and letters can be written in any language and alphabet.

Who is allowed to register a trademark in North Macedonia

• Domestic individuals and legal entities: Can directly carry out trademark registration procedures with the Trademark Office to protect their rights. However, they may authorize domestic lawyers, who are registered to practice in the field of industrial property, to carry out procedures on their behalf. The hiring of domestic representatives is optional.
• Foreign individuals and legal entities: Enjoy the same benefits as domestic citizens or legal entities when registering trademarks. This right is guaranteed based on the provisions of international treaties to which the Republic of Macedonia is a party or on the principle of reciprocal treatment.

Note:

• Foreign entity: Understood as an individual or legal entity based in another country.
• Foreign nationals: Understood as individuals who are not nationals of the Republic of Macedonia.

Rights of foreign representatives

Foreign individuals and legal entities exercise industrial property rights and rights of trademark lawyers through domestic individuals or legal entities registered to practice in the field of industrial property.

Trademark records in North Macedonia

Applicant Information:

• Applicant name and address: The legal name and full contact information of the applicant, including phone number and email.
• Type of applicant: Indicates whether the applicant is an individual, company, or other legal entity. (Examples: Sole Proprietorship, Partnership, etc.)

Trademark Information:

• Images that represent trademarks: These can be image files (JPEG, PNG) or a clear and detailed description of the trademark (lettering, logo, design, etc.).
• Group of goods and services: A clear and specific list of the goods or services the applicant intends to use the trademark. Applicants can use the International Classification of Goods and Services (also called the Nice Classification for goods and the Vienna Classification for services) for ease of reference. These classification systems classify products and services, making it easier for the Trademark Office to review an applicant’s application.

After having all the information, the applicant needs to fill out the TM form, which can be downloaded at the following link: http://www.ippo.gov.mk/EN/TradeMarks.aspx?ln=EN&sid=231

Statement of Use (Optional): If the applicant has already started using the trademark in North Macedonia, the claimant may submit a statement of use with evidence (e.g. product packaging, marketing materials) to potentially expedite the registration process.

Authorization (Optional): If an applicant uses an attorney or intellectual property representative to file an application, the applicant may need an Authorization that allows them to file on the applicant’s behalf.

Trademark registration fees in North Macedonia

Filing a trademark application:

• Up to 3 groups: MKD 600 (approx. EUR 10)
• Each additional group: MKD 100 (approx. EUR 2)

Disclosure of a trademark application:

• Up to 3 groups: MKD 750 (approx. EUR 13)
• Each additional group: MKD 180 (approx. EUR 3)

Registration fee (10-year protection):

• Up to 3 groups: MKD 4,760 (approx. EUR 80)
• Additional group: MKD 1,180 (approx. EUR 20)

How to file for trademark registration in North Macedonia

To file for trademark protection in North Macedonia, you can file using the following filing methods:

• Direct submission: Customers can come directly to the State Industrial Property Office (SIPO) at Str. Dame Gruev, No. 14 1000 Skopje to submit the application and related documents.
• By Post: You can send your application form and all required documents via postal service or courier service to the address of the State Industrial Property Office (SIPO) address Str. Dame Gruev, No. 14 1000 Skopje.

Registration of trademark protection in North Macedonia 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:

• North Macedonia acceded to the Madrid Protocol on 8 September 1991.
• 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:

• North Macedonia acceded to the Madrid Protocol on 30 August 2002.
• 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

Process of trademark registration under the Madrid Protocol – Viet An Law

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Singles with the North Macedonian 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.

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