Organization : Intellectual Property Office
Type of Facility : Trademark Search & Registration Procedure
Country: Serbia
Website : http://www.zis.gov.rs/intellectual-property-rights/trademarks/most-frequently-asked.68.html
Trademark Search & Registration Procedure :
1. What is a trademark?:
Trademark is the right that protects a mark used in the course of trade to distinguish goods and/or services of one natural or legal person from identical or similar goods and/or services of another natural or legal person.
Related : Intellectual Property Office Patent Application Serbia : www.statusin.org/9365.html
2. What are individual, collective and certification trademark?:
Individual trademark is a trademark owned and used by trademark holder (owner). Trademark holder is natural or legal person who is registered in the Register of Trademarks.
Collective trademark is a trademark of a legal person representing a certain type of association of manufactures and/or providers of services, which may be used by persons who are members of such association, under certain conditions.
Certification trademark is a trademark that is used by several companies under supervision of the trademark holder, as a warranty of quality, geographic origin, manner of manufacturing or other common characteristics of the goods and/or services provided by such companies.
3. What are the benefits of trademark registration?:
Trademark registration is not a legal obligation; it depends on the decision of natural or legal person who use the mark (trademark). Natural or legal person who does not want to register a trademark will not be punished for non-registering. However, benefits of trademark registration are numerous.
For example:
a) Trademark holder has the exclusive right to use a mark protected by a trademark for designating the goods and/or services the mark refers to in the territory where the trademark is registered.
b) Trademark holder is entitled to prohibit other persons from unauthorized use of
a mark identical or similar to the holder’s trademark for identical or similar kind of goods and /or services the holder’s trademark is registered for.
c) Trademark holder can easily prove ownership with the trademark registration certificate issued by the IPO.
d) Trademark is a significant tool for: trademark holder’s monopoly and goodwill, future investments, revenue from licenses and franchising agreement or assignment of a trademark.
4. What is a trademark search?:
A proper first step is to carry out a preliminary search of existing trademark registrations (or prior trademark applications) which are the same or similar to yours and for the same or similar goods or services. Although it is not mandatory, this step will assist you in determining whether a similar trademark already exists, in order for you to avoid trademark infringement (unauthorized use) and potential lawsuits. For this service, you can apply for a trademark search in the Intellectual Property Office. Following that, we inform you of such earlier trademarks or trademark applications as a part of the examination process. You will then have to decide whether to withdraw your application or not. In the response to a request, IPO only expresses the opinion regarding the similarity. However, IPO doesn’t suggest whether applicant should or should not apply for a trademark registration. The applicant should reach a decision by himself. During a trademark procedure, the IPO does not need to adhere his opinion expressed in the response.
When applying for a trademark search, the applicant should submit an application consisting of:
a) a sign which the search is to be carried out for;
b) number of classes of the International classification of goods and services under the Nice Agreement
The applicant has also to furnish the evidence of payment for the cost of trademark search in the in the amount of 1.180, 00 RSD, which is to be paid to the transfer account of the Intellectual Property Office 840-39845-97, reference number 97.
The amount of 1.180,00 RSD refers to one sign which is related up to three classes of the International classification of goods and services under the Nice Agreement.
Trademark registration procedure:
1. Who can apply for a trademark registration?:
Any natural or legal person trading with goods or services can apply for a trademark registration. The applicant does not need to submit any proof of such activities.
2. Is it mandatory to submit a trademark application through an attorney?:
No, if the applicant is a domestic natural or legal person. However, it is mandatory in case the applicant is a foreign natural and legal person.
3. When does the procedure for a trademark registration start?:
It starts with a filing of application for trademark registration to the IPO, either via post office or directly in the IPO premises. Electronic application is not acceptable.
Submitted application which contains elements referred to the Law, will be entered into the Register of Applications, where the note of a filing number, date and the time of the receipt will be given by the IPO. The filing date is also a priority date.
4. What is the priority right?:
It is a right which guarantees to the applicant that his application will enjoy priority in examination procedure over all other applications subsequently filed for the same or similar mark concerning the same or similar product and/or service.
The priority rights originate from the date when a trademark application has been properly filed to the IPO. The applicant can file a request for issuing a priority certificate to the IPO. This should be submitted on the blank paper with the reference of the “Ž” number of trademark application. The request for issuing a priority certificate should include in particular: data on the applicant, representation of the mark, list of the goods and/or services, and a proof of payment of fee for the certificate. The fee for the first certificate not exceeding ten pages is 1680RSD; each subsequent certificate to the same applicant not exceeding ten pages costs 420RSD; the fee for each subsequent page exceeding the tenth page is 30 RSD.