IP Requirements by Country

Albania IP Requirements

Trademarks

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Patents

Filing a Conventional Application – Requirements
Filing a National Phase of PCT Application – Requirements
Time limits for filing a National phase of PCT Application
Registration Procedure
Extension of the European Patent – requirements
Duration
Recording changes in the Register

Industrial Designs

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Conventions

TRIPs
Paris Convention
Madrid Agreement
Madrid Protocol
Nice Agreement
Vienna Agreement
PCT Convention
Patent Law Treaty
European Patent Convention (EPC)
London Agreement on the application of article 65 of the Convention on the Grant of European Patents
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the purposes of Patent Procedure
Strasbourg Agreement concerning the International Patent Classification
Hague Agreement concerning the International Registration of Industrial Designs
Locarno Agreement

Law on Industrial Property valid as of April 27, 1994 (as amended) Implementing regulations

Decision of Council of Ministers no. 315, date 31 May 2008 “On the approval of the regulation on trademarks”
Decision of Council of Ministers no. 270, date 16 May 2018 “On the approval of the regulation on industrial designs”
Decision of Council of Ministers no. 1707, date 29 December 2008 “On the approval of the regulation on the grant of patents for inventions and utility models” (as amended)
Decision of Council of Ministers no. 883, date 13 May 2009 “On the approval of fees on Industrial Property Objects” (as amended)

Trademarks

Filing the Application – Requirements

Name and Address of the Applicant;
Representation of the Mark;
List of Goods and Services according to the latest edition (12^th) of the Nice Classification in force (Classes 1-45);
Description of the trademark when it is different from a verbal trademark;
Priority date, country and number, if there any. The priority document can be submitted subsequently within three months from the filing date of the trademark application;
Power of Attorney signed and sealed/stamped by the applicant. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary. Power of Attorney can be submitted subsequently within three months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee;
Official payment receipt;
Regulations of use of the trademark in case of collective and certification trademarks. Regulations of use can be submitted subsequently within three months from the filing date of the trademark application.

Registration Procedure

The Application is filed with and examined by the Albanian General Directorate of Industrial Property (Office), which initially issues the trademark filing certificate where the basic requirements (identity of the applicant, trademark representation, list of goods and services, and payment receipt) are met;
The Office examines the formalities of the application. If all the formalities are met, the Office examines Absolute Grounds only;
If the trademark is found registrable based on absolute grounds, the Office proceeds with its publication in the IP Bulletin. IP Bulletins are published on the official webpage of the Office;
The publication period is 3-months, and it starts from the publication date. Third parties claiming priority rights over the sign can file an opposition to the Chamber of Oppositions of the Office. The decisions of the Chamber of Opposition can be filed to the Board of Appeals within 1 month from the receiving date of the decision and the decision of the Board of Appeals can be eventually appealed to the Administrative Court of First Instance of Tirana;
In no opposition is filed within the 3-months publication period, the Office issues an invitation for the payment of the official registration fee within 1 month following the receiving date of the invitation;
Upon payment of the official fee, the Office grants the registration certificate in electronic format only;
The registration procedure takes approximately 6-9 months as from the application date. The Decisions on grant are published in the IP Bulletin of the Office. The Decisions on refusal can be appealed to the Chamber of Invalidation/Revocation within 1 month from the receipt of the refusal notification and eventually to the Board of Appeals within 1 month from the receipt of the refusal decision of the Chamber of Invalidation/Revocation.

Duration

Upon payment of the registration fee, the trademark is valid for 10 years as from the filing date;
The registration can be renewed endlessly for further periods of 10 years;
The registration of a trademark may be renewed for all or a part of the goods & services at the request of the proprietor, subject to payment of the renewal fee;
The renewal fee cannot be paid earlier than six months before the renewal date of the trademark. If the renewal fee is not paid within the renewal date, it can be paid within a grace period of six months after the renewal date, upon payment of an additional fee of 50% (i.e., Albanian Lek 4000) of the basic renewal fee;
Power of Attorney signed and sealed/stamped by the applicant. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary. Power of Attorney can be submitted subsequently within two months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.

*If the trademark renewal application is filed by the registered representative of the trademark, a scan copy of the Power of Attorney is sufficient.

Recording changes in the Register

Assignment of rights Requirements

The Power of Attorney signed and sealed/stamped by the Assignor or the Assignee. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary;
Official payment receipt;
Supporting document for the recordal of change of ownership

Assignment document – signed by the Assignor and the Assignee and duly notarized by Notary Public attesting the signature of the signatories and their capacity to sign the document on behalf of the parties. Or
In case of mergers, the commercial extract of the company issued by the competent authority for trade companies that expressly evidences the recordal of change from the previous to the new trademark owner. Or
In case of change of legal form of the company, the commercial extract of the company issued by the competent authority for trade companies that expressly evidences this recordal of change.

The supporting documents to the application can be submitted subsequently within two months from the notification by the Office that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.

Change of Name Requirements

Power of Attorney indicating the new name, which should be signed and sealed/stamped. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary;
Official payment receipt;
The document that expressly evidences the change of name from the previous name to the new name or the commercial extract of the company issued by the competent authority for trade companies that expressly evidences the recordal of change the previous to the new trademark owner’s name;
The supporting documents to the application can be submitted subsequently within two months from the notification by the Office that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.

Change of Address Requirements

Power of Attorney indicating the new address, which should be signed and sealed/stamped. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary;
Official payment receipt;
The supporting documents to the application can be submitted subsequently within two months from the notification by the Office that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.

Registration of the Licensing Agreement Requirements

The Power of Attorney signed and sealed/stamped by the Licensor and/or Licensee. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary;
Official payment receipt;
The license Agreement – should be in a written form, signed by the two parties and duly notarized before a public notary attesting the signature of the signatories and their capacity to sign the document on behalf of the parties. The license agreement shall necessarily include: the duration, the manner that the licensee should use the trademark, the territory, the list of goods and services, the quality of goods and services, the obligations imposed to the licensee by the licensor and the form of the license: exclusive or non-exclusive.

Patents

Filing a Conventional Application – Requirements

Name and address of the Applicant;
Names and addresses of the Inventors;
Description of Patent;
Patent Claims;
Drawings that are referred in the description of claims (if any);
Abstract – summary of the invention;
Claiming priority, if there any. The Priority Declaration Data:

Priority date
Priority number
Priority country

The Office wherein is submitted the earlier Patent Request Application if the request in question is submitted to a National or International Office;
Priority document (a certified copy of the earlier application) – can be submitted subsequently, within three months from the date of the submitted request;
Power of Attorney signed and sealed/stamped by the Applicant. If the Applicant has no seal, the Power of Attorney should be notarized before a public notary.
Power of Attorney can be submitted subsequently within three months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents. This deadline can be further extended up to 1 additional months for reasonable grounds and upon payment of an additional fee for further examination;
The declaration of the Inventor/s proving rights assignment from him/them in favour of the Applicant. This declaration shall be formatted as a notarial act;
Official payment receipt.

Filing a National Phase of PCT Application – Requirements

Name and address of the Applicant;
Names and addresses of the Inventors;
Translation into Albanian of the international application, including the description of patent, patent claims, drawings that are referred in the description of claims (if any), abstract – summary of the invention;
Priority date, country and number;
International Search report;
International Preliminary Examination Report;
PCT Request;
Power of Attorney signed and sealed/stamped by the Applicant. If the Applicant has no seal, the Power of Attorney should be notarized before a public notary.
Power of Attorney can be submitted subsequently within three months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents;
Official payment receipt.

The filing time limits for a National phase of PCT Application

With respect to an international application for which the Republic of Albania is designated or elected and for which the applicant wishes to obtain protection, the applicant shall submit the application within thirty-one months from the application filing date or, if priority has been claimed, from the priority date at the Albanian General Directorate of Industrial Property.

Registration Procedure

The Office is publishing the Patent Application after the expiration of a period of 18 months as from the Application date or, if priority has been claimed, from the priority date. If the applicant requests in writing the premature publication of the application before the expiry of the regular 18-months period and pays the corresponding official fee, the Office published the Patent Application in its next IP Bulletin;
Upon expiry of the 18-months publication period, the Office invites the applicant to pay the registration/grant fee within 3 months from the receiving date of the official invitation. Once the registration/grant fee is paid, the Office issues the registration/grant certificate of the patent within 3 months following the payment date of the registration/grant fee and published the grant patent in the IP Bulletin;
No substantial examination is carried out by the Office. The patent which is granted by the Office shall have legal effects only if the patent owner files written evidence on the patentability of the invention within 10 years from the filing date. The written may result from the substantive examination conducted for the same patent by the EPO or another national office with the status of the International Preliminary Examination Authority pursuant to article 32 of the PCT or from a national office that has a cooperation agreement with the Albanian General Directorate of Industrial Property. In case of failure to submit written evidence on patentability, the patent shall not be effective upon the expiry of the 10-years period;
The interested parties can file an objection to the Decision on grant with the Board of Appeal of the Albanian General Directorate of Industrial Property within 9 (nine) months as from the date of publication of the patent issuance;
Response to the objections can be filed by the Applicant within 3 (three) months from the receiving date of opposition notification and arguments;
The decision of the Board of Appeal may be appealed to the court by the parties within 45 days from the date of receiving the decision of the Board of Appeals.

Validation of the European Patent – requirements

The validation of the European Patent can be filed with Albanian General Directorate of Industrial Property within 3 (three) months as from the publication date of the grant of the European Patent. This deadline can be extended up to 1 additional month upon the payment of the additional fee for further examination;
An Albanian translation of patent Claims must be submitted to the Albanian General Directorate of Industrial Property along with the request for the validation of the European Patent, the official payment receipt, and the drawings that are referred in the claims (if any);
Power of Attorney signed and sealed/stamped by the Applicant. If the Applicant has no seal, the Power of Attorney should be notarized before a public notary.
Power of Attorney can be submitted subsequently within two (2) months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents. This deadline can be further extended up to 3 (three) additional months for reasonable grounds and upon payment of an additional fee for further examination.

Duration

20 years as from the application date for conventional Patents;
20 years as from the International filing date for the National Phase of PCT patent;
20 years as from the date of filing the European Patent Application for the EP;
The Utility Models is valid for 10 years from the application date;
Protection fees are to be paid annually, before the end of the year covered by the protection fees or six months after expiration of the protection period along with a 50% fine, or at the latest within two other additional months after the expiration of the six-months period along with a 100% fine. Thus, in total, the grace period comprises of 8 months;
The duration of patent for inventions in the field of pharmaceutical products (also called “Certificates of Additional Protection”) may be extended for an additional time period of up to five years following the expiration date of the patent.

Recording changes in the Register

Assignment of rights Requirements

The Power of Attorney signed and sealed/stamped by the Assignor or the Assignee. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary;
Official payment receipt;
Assignment document – signed by the Assignor and the Assignee and duly notarized by Notary Public attesting the signature of the signatories and their capacity to sign the document on behalf of the parties.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

The supporting documents to the application can be submitted subsequently within three (3) months from the notification by the Office that there are missing documents.

Change of Name Requirements

Power of Attorney indicating the new name, which should be signed and sealed/stamped. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
Official payment receipt.
The document that expressly evidences the recordal of change of name from the previous to the new owner’s name.

The supporting documents to the application can be submitted subsequently within three months from the notification by the Office that there are missing documents.

Change of address Requirements

Power of Attorney indicating the new address, which should be signed and sealed/stamped. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
Official payment receipt

The supporting documents to the application can be submitted subsequently within three months from the notification by the Office that there are missing documents.

Registration of the Licensing Agreement Requirements

The Power of Attorney signed and sealed/stamped by the Patent Owner. If the patent owner has no seal/stamp, the Power of Attorney should be notarized before a public notary.
Official payment receipt.
The license Agreement – should be in a written form, signed by both the parties and duly notarized before a public notary attesting the signature of the signatories and their capacity to sign the document on behalf of the parties.

The supporting documents to the application can be submitted subsequently within three (3) months from the notification by the Office that there are missing documents.

Industrial Design

Filing the Application – Requirements

Name and address of the Applicant
Reproduction of the design in the form of photographs or other graphic representations of the industrial designs (The design should include not more than 7 different views of the design, with one of them being the general representation of the design. Each graphic representation should represent a single view of the design, while the views should be numbered in order);
Indication of the product in which the industrial design is included or in which it will be applied
Title of the industrial design;
A description of the industrial design;
Classification of products in which the industrial design is included or in which it will be applied under the Locarno Agreement: class/subclass
The total number of designs, if the design is a multiple design
Priority date, country and number, if there any. The priority document can be submitted subsequently within three months from the filing date of the design application
Identity of the creator(s) of the industrial design.
A declaration of the creator/s that the industrial design has been assigned to the Applicant. This declaration has to be notarized.
Power of Attorney signed and sealed/stamped by the applicant. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.

Power of Attorney can be submitted subsequently within three months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.

Registration Procedure

If all the requirements are met, the Office will initially issue the industrial design filing certificate and will then publish the design in the IP Bulletin for opposition purposes. The Office does not examine the novelty and individual character of the design, except when the design is opposed by third parties during the 3-months publication period.
In no opposition is filed within the 3-months publication period, the Office issues an invitation for the payment of the official registration fee within 1 month following the receiving date of the invitation.
Upon payment of the official fee, the Office grants the registration certificate in electronic format only.

The registration procedure takes approximately 6-9 months as from the application date. The Decisions on grant are published in the IP Bulletin of the Office. The Decisions on refusal can be appealed to the Chamber of Invalidation/Revocation within 1 month from the receipt of the refusal notification and eventually to the Board of Appeals within 1 month from the receipt of the refusal decision of the Chamber of Invalidation/Revocation

Duration

The registration of a design is valid for five years, beginning from the date it is filed. A registration may be renewed against a set payment for an additional period of five years, up to a total time period of 25 years from the date the design is filed.
The renewal fee cannot be paid earlier than six months before the renewal date of the design. If the renewal fee is not paid within the renewal date, it can be paid within a grace period of six months after the renewal date, upon payment of an additional fee of Albanian Lek 3000.
Power of Attorney signed and sealed/stamped by the applicant. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary. Power of Attorney can be submitted subsequently within two months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.

*If the design renewal application is filed by the registered representative of the design, a scan copy of the Power of Attorney is sufficient.

Recording changes in the Register

Assignment of rights Requirements

The Power of Attorney signed and sealed/stamped by the Assignor or the Assignee. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
Official payment receipt.
Supporting document for the recordal of change of ownership

Assignment document – signed by the Assignor and the Assignee and duly notarized by Notary Public attesting the signature of the signatories and their capacity to sign the document on behalf of the parties. Or
In case of mergers, the commercial extract of the company issued by the competent authority for trade companies that expressly evidences the recordal of change from the previous to the new owner. Or
In case of change of legal form of the company, the commercial extract of the company issued by the competent authority for trade companies that expressly evidences this recordal of change.

Change of Name Requirements

Power of Attorney indicating the new name, which should be signed and sealed/stamped. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
Official payment receipt.
The document that expressly evidences the change of name from the previous name to the new name or the commercial extract of the company issued by the competent authority for trade companies that expressly evidences the recordal of change of name from the previous to the new onwer’s name.

Change of Address Requirements

Power of Attorney indicating the new address, which should be signed and sealed/stamped. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
Official payment receipt.

Registration of the Licensing Agreement Requirements

The Power of Attorney signed and sealed/stamped by the Licensor and/or Licensee. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
Official payment receipt
The license Agreement – should be in a written form, signed by the two parties and duly notarized before a public notary attesting the signature of the signatories and their capacity to sign the document on behalf of the parties. The license agreement shall necessarily include: the duration, the manner that the licensee should use the design, the territory, the list of goods and services, the quality of goods and services, the obligations imposed to the licensee by the licensor and the form of the license: exclusive or non-exclusive.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Bosnia and Herzegovina IP Requirements

Trademarks

Filing the Application – Requirements
Registration Procedure
Opposition
Duration
Recording changes in the Register

Patents

Filing a Conventional Application – Requirements
Filing a National Phase of PCT Application – Requirements
Time limits for filing a National phase of PCT Application
Registration Procedure
Duration
Extension of validity of the European Patents
Recording changes in the Register

Industrial Designs

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Conventions

Madrid Agreement Concerning the International Registration of Marks
WIPO Copyright Treaty (WCT)
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
WIPO Performances and Phonograms Treaty (WPPT)
Strasbourg Agreement Concerning the International Patent Classification
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Treaty on Intellectual Property in Respect of Integrated Circuits
Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs
Nairobi Treaty on the Protection of the Olympic Symbol
Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
Patent Law Treaty
Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods
Trademark Law Treaty
Paris Convention for the Protection of Industrial Property
Berne Convention for the Protection of Literary and Artistic Works
Convention establishing the World Intellectual Property Organization
Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite
Locarno Agreement Establishing an International Classification for Industrial Designs
Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks
Decision on giving consent to the ratification of the Marrakesh Treaty of the World Intellectual Property Organization (WIPO) to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.

Law on Patents 1 January 2011

Law on Trademarks of 1 January 2011

Law on Industrial Designs of 1 January 2011

Trademarks

Filing the Application – Requirements

Name and address of the Applicant;
Representation of the Mark;
List of Goods and Services according to the 12^thEdition of the Nice Classification (Classes 1-45);
Priority date, country and number and the original or certified copy of the Priority document, accompanied by a certified translation of the document into English if it is in another language. The document can be submitted subsequently within 3 months from the date of filing of the Application. This term can be extended for an additional three months;
Power of Attorney simply signed by the Applicant. The Power of Attorney should be submitted with the application or as soon as possible following the filing of the application. However, if the trademark reaches the examination stage before the Power of Attorney has been submitted, the PTO will issue an invitation to submit it within a 15–30-day deadline.

Registration Procedure

The Application is filed before the Institute for Intellectual Property of Bosnia and Herzegovina (the Institute);
The Institute examines absolute grounds for refusal;
Applications may be refused on relative grounds only on the basis of an opposition. Applications may be opposed within three months from the date of their publication in the official gazette;
The registration procedure takes approximately two years from the date of filing of the application.

Opposition

Opposition against a published Trademark Application can be filed within three months from the date of publication.

Duration

Trademarks are registered for a period of 10 years from the date of filing of the application (upon payment of the registration fees) and can be renewed indefinitely;
Trademark registrations may be renewed for further 10-year periods. The renewal fees can be paid during the last year of the previous ten-year protection period or up to six months after the expiration date with a fine of 50% of the renewal fees.

Recording changes in the Register

Assignment of Right Requirements

Original Power of Attorney simply signed by the Assignee;
Original or certified copy of the assignment document signed by the Assignor and the Assignee.

Change of Name Requirements

Original of the simply signed Power of Attorney in the name of the new Owner.

Change of Address Requirements

Original Power of Attorney indicating the new address, simply signed by a representative of the Company.

Patents

Filing a Conventional Application – Requirements

Name and address of the Applicant;
Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application;
Priority date, country and number;
Description of Patent;
Patent Claims;
Drawings (if any);
Abstract – summary of the invention;
The document showing the assignment of rights from the Inventors in favour of the Applicant, simply signed by the Inventors – it can be submitted subsequently, within two months as from the Application date. This term can be extended for an additional two months;
Power of Attorney simply signed by the Applicant. The Power of Attorney should be submitted with the application or as soon as possible following the filing of the application. However, if the patent reaches the formal examination stage before the Power of Attorney has been submitted, PTO will issue an invitation for submit it within a 15-30 days deadline;
Priority document – can be submitted subsequently, within two months from the Application date. This term can be extended for an additional two months;
The Application is to be filed within one year from the priority date;
Translation of the specification, claims and abstract into the local language, can be filed subsequently.

Filing a National Phase of PCT Application – Requirements

Name and address of the Applicant;
Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application;
Description of Patent;
Patent Claims;
Drawings (if any);
Abstract – summary of the invention;
Priority date, country and number;
International Search report;
International Preliminary Examination Report for the applications filed under Chapter II of the Patent Corporation Treaty;
PCT Request;
PCT Publication page;
The document showing the assignment of rights by the Inventors in favour of the Applicant, simply signed by the Inventors – it can be submitted within two months from the Application date. This term can be extended for an additional two months;
Power of Attorney simply signed by the Applicant – can be submitted within one month from the Application date. This term can be extended for an additional two months;
Translation of the specification, claims and abstract into the local language, can be filed subsequently.

Time limits for filing a National phase of PCT Application

The Application is to be filed with the Institute within 34 months as from the Priority Application date.

Registration Procedure

Applications are published in the Official Gazette. Six months after the publication one of the following claims should be filed with the Institute:
a) Claim for substantive examination of Patent Application;
b) Claim for examination of Patent Application based on the Patent granted for the same invention by the institution bearing the status of the International authority for evaluating patents; or
c) Claim for the granting of the Patent without substantive examination.

Duration

20 years from the application date for conventional Patents;,
20 years from the International filing date for the National Phase of PCT patents;
A consensual patent is valid for 10 years as from the application date;
protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after expiration of the protection period at the latest, with a 50% fine.

Validation of the European Patent – requirements: Bosnia and Herzegovina is an extension state of EPO

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 the local language;
Power of Attorney simply signed by the Applicant – can be submitted subsequently, within one month from the Application date.

Time limits for filing the Application for validation of the European Patent

The Application for validation of the European Patent is to be filed within 3 months from the date of publication of the granting of the European Patent

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignor;
Power of Attorney simply signed by the Assignee;
Original Assignment document or certified copy of it.

Change of Name Requirements

Power of Attorney indicating the new name, simply signed by a representative of the Company

Extract from the Registers of Companies showing the change of name; or
Statement from the Secretary of State showing the change of name;
other official document evidencing the change of name.

Change of Address Requirements

Power of Attorney indicating the new address, simply signed by a representative of the Company:

Extract from the Registers of Companies showing the change of address; or
other official document evidencing the change of address.

Industrial Design

Filing the Application – Requirements

Name and address of the Applicant;
Name and address of the author or a declaration that the author chooses not to be mentioned in the application;
Information regarding the number of external shapes the protection is requested for;
Full and short title of the industrial design;
A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested);
Original Power of Attorney simply signed by the Applicant. The Power of Attorney should be submitted with the application or as soon as possible following the filing of the application. However, if the design reaches the formal examination stage before the Power of Attorney has been submitted, the PTO will invite the applicant to submit it within a 15-30 day deadline.

Registration Procedure

The Institute examines applications on formal grounds. If the application meets the prescribed formal requirements, the Institute will issue the Decision on grant;
The first five-year protection fees are paid on registration of the Industrial Design. The fees for every subsequent five-year period may be paid during the final year of the previous protection period or up to six months after the expiration of the fifth year with a 50% fine.

Duration

25 years as from the date of filing of the application.

Recording changes in the Register

Assignment of Rights Requirements

Original Power of Attorney simply signed by the Assignor;
Original Power of Attorney simply signed by the Assignee;
Original or certified copy of the assignment document.

Change of Name Requirements

Power of Attorney indicating the new name, simply signed by a representative of the Company;
Extract from the Company register showing the change of name or a Statement from the Secretary of State or any other official document evidencing the change of name.

Change of Address Requirements

Power of Attorney indicating the new address, simply signed by a representative of the Company;

Extract from the Company register showing the change of address or any other official document evidencing the change of address

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Bulgaria IP Requirements

Trademarks

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Patents

Filing a Conventional Application – Requirements
Filing a National Phase of PCT Application – Requirements
Time limits for filing a National phase of PCT Application
European Patent
Registration Procedure
Duration
Recording changes in the Register

Industrial Designs

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Conventions

Paris Convention
Madrid Agreement
Madrid Protocol
PCT Convention
EPC
Patent Law with the amendments in force from October 27, 2020
Law on Marks and Geographical Indications of October 27, 2020
Law on Industrial Design of October 27, 2020
Locarno Agreement Establishing an International Classification for Industrial Designs
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
Vienna Agreement Establishing the International Classification of the Figurative Elements of Marks
Hague Agreement Concerning the International Deposit of Industrial Designs

Trademarks

Filing the Application – Requirements

Name and address of the Applicant;
Trademark name or Representation of the Mark (in case of a device mark);
List of Goods and Services according to Nice Classification 12^th Edition (Classes 1-45);
Power of Attorney simply signed by the Applicant. The PoA can be submitted subsequently, scanned copy is sufficient. The name and the position of the signatory must be clearly indicated. E-signatures are not accepted;
If priority is claimed, priority date, number and country. The priority documents must be provided and submitted with translation into Bulgarian;
The company number of the applicant.

Registration Procedure

The Application is filed with and examined by the Patent Office;
The application will enter into formality check and absolute grounds examination after which will be published for opposition purposes;
Observations based on the absolute grounds and opposition on relative grounds could be filed within three months after the publication;
The registration procedure can take up to 5-6 months, if no opposition was filed, to 2-3 years, in case an opposition was filed.

Opposition

Opposition against the registration of a national trademark can be filed within three months from the date of its publication. For international trademarks designating Bulgaria the opposition period starts running two months after the publication in the Official Bulletin of the BPO.

Duration

After being registered, the Trademark is valid for 10 years from the application date;
Upon payment of renewal fees the registration of a Trademark can be renewed for a further 10 years. The renewal fees can be paid during the final year of the protection period or within six months after that, with a fine.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignee, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient;
Assignment document simply signed by the Assignor and the Assignee. The name and the position of the signatories must be clearly indicated. Scanned copy is sufficient;
Change of Name Requirements;
Power of Attorney indicating the new name, simply signed by a representative of the Company, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient;
Extract from the Register of Companies showing the change of name (or a similar document depending on the local legislation, for example a Statement from the Secretary of State). Scanned copy is sufficient.

Change of Address Requirements

Power of Attorney indicating the new address, simply signed by a representative of the Company, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient.

Patents

Filing a Conventional Application – Requirements

Name and address of the Applicant;
Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application;
Priority date, country and number;
Description of Patent;
Patent Claims;
Drawings (if any);
Abstract – summary of the invention;
Power of Attorney simply signed by the Applicant – can be submitted subsequently;
Priority document – can be submitted subsequently, within three months from the Application date;
The Application is to be filed within one year from the priority date;
Translation of the description, claims and abstract into the local language, can be filed subsequently within four months from the Application date.

Filing a National Phase of PCT Application – Requirements

Name and address of the Applicant;
Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application;
Description of Patent;
Patent Claims;
Drawings (if any);
Abstract – summary of the invention;
Priority date, country and number;
International Search report;
International Preliminary Examination Report;
PCT Request;
PCT Publication page;
Power of Attorney simply signed by the Applicant – can be submitted subsequently;
Translation of description, claims and abstract into the local language.

Time limits for filing a National phase of PCT Application

The Application is to be filed with the Office within 31 months from the Priority Application date

European Patent

Bulgaria has been a member of the European Patent Organization since July 1, 2002.

Registration Procedure

Patent Applications are to be published within 18 months from the Application date. Interested parties can file objections against the published patent application within three months from the publication of the application date. The Office performs the full examination of the Patent Application. Patents Granted are published in the Official Gazette.

Duration

20 years from the application date for conventional Patents;
20 years from the International filing date for the National Phase of PCT patents;
20 years from the Application Date for the European Patents;
Protection fees are to be paid annually, prior to the last day of the month in which the preceding patent year expires.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignee, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient;
Assignment document simply signed by the Assignor and the Assignee. The name and the position of the signatories must be clearly indicated. Scanned copy is sufficient;
Change of Name Requirements;
Power of Attorney indicating the new name, simply signed by a representative of the Company, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient;
Extract from the Register of Companies showing the change of name (or a similar document depending on the local legislation, for example a Statement from the Secretary of State). Scanned copy is sufficient.

Change of Address Requirements

Power of Attorney indicating the new address, simply signed by a representative of the Company, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient.

Industrial Design

Filing the Application – Requirements

Name and address of the Applicant;
Name and address of the author or a declaration that the author chooses not to be mentioned in the application;
Information regarding the number of external shapes the protection is requested for;
Full and short title of the industrial design. A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested);
Description of the product to which Industrial Design relates;
an indication of the Locarno class;
Power of Attorney simply signed by the Applicant’s representative, with the name and the position of the signatory clearly indicated, including the company number. Scanned copy is sufficient;
Design presentation should include maximum of 7 different views of the Design, and they should be all of the same type, i.e. either photographs or graphics;
Priority document (if priority is claimed).

Registration Procedure

Industrial Design Applications are examined by the Office. If the application meets the prescribed requirements, the Office will issue the Decision to grant;
The first ten-year protection fee is payable upon granting. The Industrial Design can be extended three times, for five years each time.

Duration

25 years from the Application Date.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignee, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient;
Assignment document simply signed by the Assignor and the Assignee. The name and the position of the signatories must be clearly indicated. Scanned copy is sufficient.

Change of Name Requirements

Power of Attorney indicating the new name, simply signed by a representative of the Company, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient;
Extract from the Register of Companies showing the change of name (or a similar document depending on the local legislation, for example a Statement from the Secretary of State). Scanned copy is sufficient.

Change of Address Requirements

Power of Attorney indicating the new address, simply signed by a representative of the Company, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Croatia IP Requirements

Trademarks

Filing the Application – Requirements
Registration Procedure
Opposition
Duration
Recording changes in the Register

Patents

Filing a Conventional Application – Requirements
Filing a National Phase of PCT Application – Requirements
Time limits for filing a National phase of PCT Application
Registration Procedure
Duration
Extension of validity of the European Patents
Filing of SPC Application
Recording changes in the Register

Industrial Designs

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Conventions

WIPO Convention
Paris Convention
WTO TRIPS Agreement
Madrid Agreement
Singapore Treaty on the Law of Trademarks
Trademark Law Treaty
PCT Convention
Patent Law Treaty
European Patent Convention
Budapest Treaty
Hague Agreement
Lisbon Agreement
Locarno Agreement
Nice Agreement
Vienna Agreement
Trademark Act entered into force on 15 February 2019
Patent Act entered into force on 20 February 2020
Industrial Design Act entered into force on 1 January 2004 with the last amendment on 26 May 2018
Copyright and related Rights Law entered into force on 22 October 2021 (certain amendments with a delayed entering into force by January 1, 2023 the latest)
Act on Geographical Indications and Designations of Origin of Products and Services entered into force on 1 January 2004 with the last amendment on 26 May 2018
Act on the Protection of Topographies of Semiconductor Product entered into force on 1 January 2004 with the last amendment on 26 May 2018
Council Regulation (EC) no. 207/2009 of 26 February 2009 on Community trademarks
Council Regulation (EC) no. 6/2002 of 12 December 2001 on Community designs

Trademarks

Filing the Application – Requirements

Name and address of the Applicant;
Representation of the Mark (in high resolution, min 300 DPI);
List of Goods and Services according to Nice Classification 12^thEdition (Classes 1-45);
Priority date, country and number and the original Priority document which can be submitted subsequently within three months from the Application date;
Power of Attorney in original simply signed by the Applicant, clearly indicating Name and Function of the person signing, and Place and Date of signature, original is required. The PoA can be submitted subsequently within two months from notification issued by the SIPO. This term is non-extendable.

Registration Procedure

The Application is filed with and examined by the State Intellectual Property Office;
The Intellectual Property Office examines absolute grounds for refusal;
The registration procedure takes approximately eight to ten months from the application date;

Opposition

Trademark Applications are published in the Official Gazette. Opposition against a Trademark Application can be filed within three months from the publication date

Duration

Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date;
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 in the grace period up to six months after the expiration date with a surcharge of 100% of the renewal fees.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature, original is required. The PoA can be submitted subsequently within two months from notification issued by the SIPO;
Assignment document, simply signed by the Assignor and the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature. As an alternative a certified copy of the Assignment document or a certified excerpt from the Assignment document or an original Declaration of assignment can be submitted. Signatures in counterpart are allowed.

Change of Name Requirements

Power of Attorney indicating the new name, simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Change of Address Requirements

Power of Attorney indicating the new address, simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Patents

Filing a Conventional Application – Requirements

Name and address of the Applicant;
Name of the Invention;
Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application;
Priority date, country and number;
Description 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 two months from notification issued by the SIPO. This term is non-extendable;
Priority document – can be submitted subsequently, within two months from the Application date;
The Application is to be filed within one year from the priority date;
Translation of the specification, claims and abstract into the local language, can be filed subsequently.

Filing a National Phase of PCT Application – Requirements

Name and address of the Applicant;
Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application;
Description of Patent;
Patent Claims;
Drawings (if any);
Abstract – summary of the invention;
Priority date, country and number;
International Search report;
International Preliminary Examination Report for the applications filed under Chapter II of the Patent Corporation Treaty;
PCT Request;
PCT Publication page;
Power of Attorney simply signed by the Applicant – can be submitted within two months from notification issued by the SIPO. This term in non-extendable.
Translation of the specification, claims and abstract into the local language, can be filed subsequently.

Time limits for filing a National phase of PCT Application

The Application is to be filed with the Office within 31 months from the Priority Application date.

Registration Procedure

Applications are published in the Official Gazette. Six months after publication one of the following claims should be filed with the Croatian Intellectual Property Office:

Claim for substantive examination of the Patent Application;
b) Claim for examination of the Patent Application based on the Patent granted for the same invention by the institution bearing the status of the International authority for evaluating patents; or
c) Claim for the granting of the Patent without substantive examination.

Duration

20 years from the application date for conventional Patents;
20 years from the International filing date for the National Phase of PCT patents;
petty patent is valid for 10 years from the application date;
protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after expiration of the protection period at the latest, with a 100% fine.

Validation of the European Patent – requirements: Croatia become a member state of EPO on 1 January 2008

European Patent Application filed after 1 April 2004 and designating Croatia;
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 Croatian. If the EP Application is originally filed in French or German, the English translation of the patent’s description and claims is required;
Power of Attorney – simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Time limits for filing the Application for validation of the European Patent

The Application for validation of the European Patent is to be filed within 3 months from the date of publication of the granting of the European Patent.

Filing of SPC Application – Requirements

European Marketing Authorization with translation into Croatian (any annexes that are not in English, must also be translated into Croatian);
Power of Attorney – simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature, original is required. The PoA can be submitted subsequently within two months from notification issued by the SIPO;
Assignment document, simply signed by the Assignor and the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature. As an alternative a certified copy of the Assignment document or a certified excerpt from the Assignment document or an original Declaration of assignment can be submitted. Signatures in counterpart are allowed.

Change of Name Requirements

Power of Attorney indicating the new name, simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Change of Address Requirements

Power of Attorney indicating the new address, simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Industrial Design

Filing the Application – Requirements

Name and address of the Applicant;
Name and address of the author or a declaration that the author chooses not to be mentioned in the application;
Information regarding the number of external shapes the protection is requested for;
A presentation of the shape for which being the subject of protection is sought (photograph or a graphic presentation of the product for which protection is requested);
Indication of the product into which the design is intended to be incorporated or to which it is intended to be applied;
Information identifying the duly authorised representative with power of attorney if the applicant has appointed one;
Information identifying the common representative, if a joint application has been filed;
Power of Attorney simply signed by the Applicant – can be submitted within two months from notification issued by the SIPO. This term is non-extendable.

Registration Procedure

The Office performs the formal examination of applications. If the application meets the prescribed formal requirements and the first five-year protection fee is paid, the Office will issue the Decision to grant;
The fees for each subsequent five years are payable during the last year of the previous protection period or up to six months after the expiration of the fifth year with a 100% fine.

Duration

25 years from the Application Date

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature, original is required. The PoA can be submitted subsequently within two months from notification issued by the SIPO;
Assignment document, simply signed by the Assignor and the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature. As an alternative a certified copy of the Assignment document or a certified excerpt from the Assignment document or an original Declaration of assignment can be submitted. Signatures in counterpart are allowed.

Change of Name Requirements

Power of Attorney indicating the new name, simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

Change of Address Requirements

Power of Attorney indicating the new address, simply signed, clearly indicating Name and Function of the person signing, and Place and Date of signature, in original. The PoA can be submitted subsequently within two months from notification issued by the SIPO.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Czech Republic IP Requirements

Trademarks

Filing the Application – Requirements
Registration Procedure
Opposition
Duration
Recording changes in the Register

Patents

Filing a Conventional Application – Requirements
Filing a National Phase of PCT Application – Requirements
Time limits for filing a National phase of PCT Application
Registration Procedure
European Patent
Duration
Recording changes in the Register

Utility models

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Industrial Designs

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Conventions

TRIPs
Paris Convention
WIPO Convention
Madrid Agreement
Madrid Protocol
Trademark Law Treaty
Nice Agreement
Vienna Agreement (Czech Republic is not a contracting party of an agreement but using Vienna classification)
PCT Convention
European Patent Convention (EPC)
Patent Law Treaty
Strasbourg Agreement
Budapest Treaty
Locarno Agreement
Lisbon Agreement
Czech Patent Act of 1 January 1991
Czech Utility Models Act of 26 October 1992
Czech Industrial Design Act of 1 October 2000
Czech Trademark Act of 1 April 2004

Trademarks

Filing the Application – Requirements

Name and address of the Applicant;
Representation of the Mark;
List of goods and services according to Nice Classification 12^thedition (Classes 1-45);
Priority date, country and number and the original Priority document which can be submitted subsequently;
Scanned copy of the Power of Attorney simply signed by the Applicant. Power of Attorney simply can be submitted subsequently. The term for submitting the Power of Attorney simply can be extended several times.

Registration Procedure

The Application is filed and examined with the Patent and Trademark Office (Office);
The registration procedure takes 9-12 months (no opposition filed) as from the application date.

Opposition

The opposition can be filed against the published Trademark Application within three months as from the date of publication.

Duration

Upon payment of registration fees the Trademark is valid for 10 years as from the application date;
Upon payment of renewal fees the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last year of previous ten years protection period or up to six months after the expiration date with a fine of 100% of the renewal fees

Recording changes in the Register

Assignment of rights Requirements

Scanned copy of Power of Attorney, simply signed by the Assignor or the Assignee;
Scanned copy of Assignment document simply signed by the Assignor and the Assignee.

Change of name Requirements

Scanned copy of Power of Attorney indicating the new name of the company, simply signed by the representative of the Company:

Scanned copy of the certificate from the Register of the companies evidencing
Scanned copy of the statement of the Secretary of State evidencing change of name.

Change of address Requirements

Scanned copy of Power of Attorney indicating the new address, simply signed by a representative of the Company

Scanned copy of the certificate from the Register of the companies evidencing change of address; or
Scanned copy of the statement of the Secretary of State evidencing change of address.

Patents

Filing a Conventional Application – Requirements

Name and address of the Applicant;
The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application;
Priority date, country and number;
Description of Patent;
Patent Claims;
Drawings (if any);
Scanned copy of the document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently;
Scanned copy of the Power of Attorney simply signed by the Applicant. Power of Attorney simply can be submitted subsequently. The term for submitting the Power of Attorney simply can be extended several times;
Priority document – can be submitted subsequently;
The Application is to be filed within one year as from the priority date;
Translation of description, claims and abstract into local language, can be filed subsequently.

Filing a National Phase of PCT Application – Requirements

Name and address of the Applicant;
The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application;
Description of Patent;
Patent Claims;
Drawings (if any);
Abstract – summary of the invention;
Priority date, country and number;
International Search report;
International Preliminary examination report;
PCT Publication page;
Scanned copy of the document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently;
Scanned copy of the Power of Attorney simply signed by the Applicant. Power of Attorney simply can be submitted subsequently. The term for submitting the Power of Attorney simply can be extended several times;
Translation of description, claims and abstract into local language, can be filed subsequently.

Time limits for filing a National phase of PCT Application

The Application is to be filed with the Office within 31 months as from the Priority Application date.

Registration Procedure

Application is to be published within 18 months as from the application date or as from the priority date;
Request for full examination is to be filed within 36 months as from the filing date or as from the International filing date.

European Patent

Czech Republic is a member of the European Patent Organization as from 1 July 2002.

Duration

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 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 six months after the expiration of the protection period at the latest with 100% fine.

Recording changes in the Register

Assignment of rights Requirements

Scanned copy of the Power of Attorney simply signed by the Assignor or Assignee;
Scanned copy of the Assignment document signed by the Assignor and the Assignee.

Change of name Requirements

Scanned copy of the Power of Attorney indicating the new name, simply signed by a representative of the Company:

Scanned copy of the certificate from the Register of companies evidencing change of name; or
Scanned copy of the statement of the Secretary of State evidencing change of name.

Change of address Requirements

Scanned copy of the Power of Attorney indicating the new address, simply signed by a representative of the Company;
Certificate from the Register of companies evidencing change of address, or
Statement of the Secretary of State evidencing change of address.

Utility models

Filing the Application

Name and address of the Applicant;
The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application;
Priority date, country and number;
Description of Utility Model;
Drawings (if any);
Scanned copy of the document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently;
Scanned copy of the Power of Attorney simply signed by the Applicant. Power of Attorney simply can be submitted subsequently. The term for submitting the Power of Attorney simply can be extended several times;
Priority document – can be submitted subsequently;
The Application is to be filed within one year as from the priority date;
Translation of description an claims into local language, can be filed subsequently.

Registration Procedure

Application is to be usually registered within 6 months as from the application date or as from the priority date (registration principle).

Duration

10 years as from the application date for Utility Model;
The first term of protection of a utility model is four years, at the request of its owner may be extended twice for three years;
The renewal fees can be paid during the last year of previous protection period or up to six months after the expiration date with a fine of 100% of the renewal fees.

Recording changes in the Register

Assignment of rights Requirements

Scanned copy of the Power of Attorney simply signed by the Assignor or Assignee;
Scanned copy of the Assignment document simply signed by the Assignor and the Assignee.

Change of name Requirements

Power of Attorney indicating the new name, simply signed by a representative of the Company

Scanned copy of the certificate from the Register of companies evidencing change of name, or
Scanned copy of the statement of the Secretary of State evidencing change of name.

Change of address Requirements

Scanned copy of the Power of Attorney indicating the new address, simply signed by a representative of the Company

Scanned copy of the certificate from the Register of companies evidencing change of address, or
Scanned copy of the statement of the Secretary of State evidencing change of address.

Industrial Design

Filing the Application – Requirements

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;
Information regarding the number of external shapes the protection is requested for
Full and short title of the industrial design;
A two-dimensional presentation of the shape being the subject of protection (photograph or a graphic presentation of the product the protection is requested for);
Scanned copy of the Power of Attorney simply signed by the Applicant. Power of Attorney simply can be submitted subsequently. The term for submitting the Power of Attorney simply can be extended several times.

Registration Procedure

The Industrial Design Application is examined by the Patent and Trademark Office. If the Application meets prescribed requirements, the Office is issuing the Decision on grant;
The fees are payable each five years.

Duration

25 years as from the Application Date

Recording changes in the Register

Assignment of rights Requirements

Scanned copy of the Power of Attorney simply signed by the Assignor;
Scanned copy of the Power of Attorney simply signed by the Assignee;
Scanned copy of the Assignment document simply signed by the Assignor and the Assignee.

Change of name Requirements

Scanned copy of the Power of Attorney indicating the new name, simply signed by a representative of the Company

Scanned copy of the certificate from the Register of companies evidencing change of name, or
Scanned copy of the statement of the Secretary of State evidencing change of name.

Change of address Requirements

Scanned copy of the Power of Attorney indicating the new address, simply signed by a representative of the Company

Scanned copy of the certificate from the Register of companies evidencing change of address, or
Scanned copy of the statement of the Secretary of State evidencing change of address.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Hungary IP Requirements

Trademarks

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Patents

Filing a Conventional Application – Requirements
Filing a National Phase of PCT Application – Requirements
Time limits for filing a National phase of PCT Application
Registration Procedure
Duration
Recording changes in the Register

Industrial Designs

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Conventions

Paris Convention
Madrid Agreement
Madrid Protocol
PCT Convention
EPC

Patent Law of 1 January 1996

Law on the protection of Trademarks and Geographical Indications of 1 July 1997

Law on the protection of Industrial Design of 1 January 2002

Trademarks

Filing the Application – Requirements

Trademark applications are filed online, similar to the EUIPO’s system;
Name and address of the Applicant;
Representation of the Mark (the sign);
List of Goods and Services according to Nice Classification 121^thEdition (Classes 1-45);
Priority date, country and number and the original Priority document which can be submitted subsequently within 4 months from the Application date;
Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently within 30 days.

Registration Procedure

Trademarks applications are subject to the payment of a filing fee; the fee must be paid within one month from the date of filing;
The registration procedure takes about 7-8 months from the application date;
Where the list of goods or services in the trademark application has been prepared in a foreign language, the list of goods or services must be filed in Hungarian within two months from the date of filing.

Observation

During the procedure for the registration of a trademark any person may file an observation with the Hungarian Intellectual Property Office to the effect that the sign may not be granted trademark protection.

Publication of the trademark application

If a trademark application satisfies the requirements the Hungarian Intellectual Property Office will publish it, at the earliest, 15 days after the search report has been sent to the applicant.
After publication, official information will be published in the official journal of the Hungarian Intellectual Property Office.

Opposition

Opposition against the published Trademark Application can be filed within three months from the date of publication

Registration of the trademark

If the trademark application and the sign to which it relates meet all the requirements of the examination the Hungarian Intellectual Property Office will register the subject matter of the application as a trademark. The date of the decision on registration will be the date of registration of the trademark.

Duration

Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date

The request for renewal shall be filed within a period of six months before the date of expiry of the protection with the simultaneous payment of the renewal fee. In case of failure to do so, the request may be filed – with the simultaneous payment of the renewal fee increased by an additional fee – within six months from the expiry of the protection. The Trademark can be renewed unlimited times each time for ten years.

Recording changes in the Register

Assignment of Rights Requirements

Original assignment deed;
General Power of Attorney (if not general, the trademark will be left unrepresented).

Change of Name Requirements

Change of name document (company extract, deed of association, notarial document);
Scanned copy of a simple signed Power of Attorney. Notarization or legalization is not required. The registered representative will remain unchanged during the recordal of change procedure.

Change of Address Requirements

Change of address document (company extract, deed of association, notarial document);
Scanned copy of a simple signed Power of Attorney. Notarization or legalization is not required. The registered representative will remain unchanged during the recordal of change procedure.

Patents

Filing a Conventional Application – Requirements

The application must contain the following elements

Request;
Name and address of the Applicant;
Name and address of the Inventor(s);
Priority date, country and number;
Description of Patent;
Patent Claim or Claims;
One or more drawings (where drawings are necessary for an understanding of the invention);
Abstract – summary of the invention;
The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently;
Power of Attorney simply signed by the Applicant – it can be submitted subsequently;
Priority document – can be submitted subsequently, within four months from the Application date (internal priority). within four months from the Application date.

The document establishing convention priority (priority document) shall be filed within sixteen months from the date of the earliest priority claimed.

Translation of the description, claims and abstract into the local language, can be filed subsequently within four months from the Application date;
Fee shall be paid in two months from the date of filing;
certification of exhibition (if any).

Filing a National Phase of PCT Application – Requirements

Name and address of the Applicant;
Name and address of the Inventor(s);
Description of Patent in Hungarian;
Patent Claim or Claims in Hungarian;
One or more drawings (where drawings are necessary for an understanding of the invention) in Hungarian (if any text included);
Abstract – summary of the invention in Hungarian;
Priority date, country and number;
International Search report;
International Preliminary Examination Report for the applications filed under Chapter II of the Patent Corporation Treaty;
PCT Request;
PCT Publication page;
The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted subsequently. The client shall be granted a time limit of at least two months and up to four months, which may be extended by at least two months and up to four months upon request submitted before the expiry of the time limit. In particularly justified cases, extensions of more than one month or of more than four months but not more than six months may be granted;
Power of Attorney simply signed by the Applicant – can be submitted subsequently. The client shall be granted a time limit of at least two months and up to four months, which may be extended by at least two months and up to four months upon request submitted before the expiry of the time limit. In particularly justified cases, extensions of more than one month or of more than four months but not more than six months may be granted;
Translation of description, claims and abstract into the local language, can be filed subsequently.

Time limits for filing a National phase of PCT Application

The Applicant must file the application translated into Hungarian (description, claims, text of drawings, abstract, name and address of the inventor) and pay the fees within 31 months as from the Priority date to the HIPO;
Submission of the translation and payment of the national fee can be completed in 3 months calculated from the end of the 31 month-long period, however in this case surcharge is due;
There is the possibility to file in integrum restitutio in the event the above deadlines are missed.

Registration Procedure

Filing of the application;
HIPO examines whether the application meets the requirements for filing date recognition, whether official fee is paid, whether the patent description, abstract and drawing(s) in Hungarian have been filed;
Formal examination;
Novelty search (accompanied by a written opinion);
Publication of patent applications, official information on the conduct of the search for novelty;
Substantive examination (at the request of the applicant).

Substantive examination may be requested at the same time as the filing of the patent application or, thereafter, at the latest six months after the date of the official communication (A1 or A3 publication) on the conduct of the search for novelty. The fee for the substantive examination can be paid in 2 months calculated from the submission of the request.

Observations can be filed by anyone during the patent granting procedure. The person filing the observation is not party to the proceedings before the Office; However, the Office should submit its Decisions to the person filing the observation.
Office grants the patent.

Duration

20 years from the application date for conventional Patents;
20 years from the International filing date for the National Phase of PCT patents;
Definitive plant variety protection will have a term of 25 years or, in the case of vines and trees, a term of 30 years, from the date of the granting of the protection;
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 of the protection period without any surcharge; or during the 4^th– 6^thmonths from the expiry date with a 50% fine. The first payment should be made upon publication of the Patent Application: the maintenance fees which become due prior to the publication of the patent application may also be paid within a grace period of six months from the date of publication, the maintenance fees which become due prior to the grant of a patent granted on the basis of an application treated as classified data may also be paid within a grace period of six months from the date on which the granting decision becomes final, while all other annual fees may also be paid within a grace period of six months from the due date. Regarding patents, the maintenance fees are due from the 4^th year, while regarding plant variety cases the annual fees are due from the first year.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignee. The Power of Attorney must be general, without it the case will be left unrepresented;
Assignment document simply signed by the Assignor and the Assignee – no legalization or notarization is required.

Change of Name Requirements

Power of Attorney indicating the new name, simply signed by a representative of the Company

Extract from the Register of Companies showing the change of name; or
Statement from the Secretary of State showing the change of name.

Change of Address Requirements

Power of Attorney indicating the new address, simply signed by a representative of the Company

The extract from the Register of Companies showing the change of address, or
The statement from the Secretary of State showing the change of address.

Industrial Design

Filing the Application – Requirements

Reference to the right to design protection;
Name and address of the Applicant, in the case of more than one applicant, the proportion of entitlement, if not equal;
a statement that the applicant is the author or his successor in title;
Name and address of the author or a declaration that the author chooses not to be mentioned in the application;
Information regarding the number of external shapes the protection is requested for;
The denomination of the product embodying the design;
Representation of the design: photograph or a graphic presentation of the product for which protection is requested. In place of filing the representation of the design, reference to a priority document is sufficient for according a date of filing;
Description of the product according to the design if necessary;
Power of Attorney simply signed by the Applicant’s representative;
Priority document within four months after filing the application;
Filing fee must be paid duly within two months after the filing date;
Optional: request on “Opinion on the fact whether a design application is suitable for protection” Please note that the request can be filed together with the application or after the design has been granted. The followings will be examined: novelty, individual character, compliance with the concept of design, the following grounds for refusal. Grant of protection is independent from this opinion.

Registration Procedure

Filing the above-mentioned required documents and data;
Following the filing of the design application, the Hungarian Intellectual Property Office examines whether the application conforms with the conditions prescribed at the date of filing;
If the application meets the requirements and the Office establishes the date of filing;
Substantive examination (whether the application meet the requirements set in the Design Act, whether it is excluded from the protection);
HIPO grants the protection.

Duration

Design protection will have a term of five years starting on the date of filing;
Design protection can be renewed for further periods of five years, four times at the most. In the case of renewal, the new design protection period will begin on the day following the expiration date of the previous period;
Design protection cannot be renewed after the expiration of a period of twenty-five years from the date of filing.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignee;
Assignment document simply signed by the Assignor and the Assignee – no legalization or notarization is required.

Change of Name Requirements

Power of Attorney indicating the new name, simply signed by a representative of the Company

Extract from the Registers of Companies showing the change of name; or
Statement from the Secretary of State showing the change of name.

Change of Address Requirements

Power of Attorney indicating the new address, simply signed by a representative of the Company

The extract from the Register of Companies showing the change of address, or
The statement from the Secretary of State showing the change of address.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Kosovo* IP Requirements

Trademarks

Filing the Application – Requirements
Registration Procedure
Opposition
Duration
Recording changes in the Register

Patents

Filing a Conventional Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Industrial Designs

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Legislation

Patent Law, entered into force on 4 February 2022
Law on Trademarks, entered into force on 13 July 2022
Law on Industrial Designs, entered into force on 5 February 2022
Law on Geographic Indications and Designations of Origin, entered into force on 12 January 2016
Law on Semiconductor Topographies, entered into force on 17 January 2022 Law on Copyright and Related Rights, entered into force on30 November 2011
Law on the Amendments to the Law on Copyright and Related Rights, entered into force on 3 November 2016
Law on the Protection of Trade Secrets, entered into force on 14 June 2022
Law on Customs Measures for Protection of Intellectual Property Rights, entered into force on 23 May 2018

Trademarks

Filing the Application – Requirements

Name and address of the Applicant;
Representation of the Mark;
List of Goods and Services according to the 12th Edition of the Nice Classification (Classes 1-45);
Original of the signed and stamped Power of Attorney. If a company stamp is not available, notarization is required;
Priority date, country and number together with the notarized original or certified copy of the Priority document (accompanied by a certified translation of the document into English if it is in another language). The priority document can be submitted subsequently, within three months from the date of filing of the application.

Registration Procedure

The Application is filed with and examined on absolute grounds by the Intellectual Property Office;
Applications may be refused on relative grounds only on the basis of an opposition;
The registration procedure takes approximately 6 months from the date of filing of the application.

Opposition

Oppositions against published trademark applications can be filed within three months from the date of publication of the application in the official gazette.

Duration

Trademarks are registered for a period of 10 years from the date of filing of the application (upon payment of the registration fees) and can be renewed indefinitely. Trademark registrations may be renewed for further 10-year periods. The renewal fees can be paid during the last six months of the previous ten-year protection period or up to six months after the expiration date with a 100% surcharge on the renewal fees.

Recording changes in the Register

Assignment of Rights Requirements

Original of the signed and stamped Power of Attorney on behalf of the Assignee. If a company stamp is not available, notarization is required;
Notarized original or certified copy of the assignment document signed by the Assignor and the Assignee (accompanied by a certified translation of the document into English if it is in another language).

Change of Name Requirements

Original of the signed and stamped Power of Attorney indicating the new name. If a company stamp is not available, notarization is required;
Certified extract from the business register showing the change of name or a certified declaration of change of name.

Change of Address Requirements

Original of the signed and stamped Power of Attorney indicating the new address. If a company stamp is not available, notarization is required;
Certified extract from the business register showing the change of address or a certified declaration of change of address.

Patents

Filing a Conventional Application – Requirements

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 signed by the Applicant (date, name, family name, position, facsimile or seal – if the applicant is a company) – can be submitted subsequently, within the term given by the PTO;
The Application is to be filed within one year as from the priority date;
Translation of specification, claims and abstract into Albanian language.

Registration Procedure

The Kosovo IP Office examines only the formal requirements and if those are fulfilled it grants the patent. In order to obtain a fully registered patent, the Applicant is obliged to submit evidence that the patent for the same invention has been granted by the institution bearing the status of the International authority for evaluating patents or, if no evidence is submitted, the patent is only valid for ten years.

Duration

20 years from the application date for conventional Patents;
The protection fees are to be paid annually, prior to or on the anniversary of the filing date or within the following six months with fine.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal – if the applicant is a company);
Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal – if the applicant is a company);
Assignment document signed by the Assignor and the Assignee. Document must be notarized by a Notary Public.

Change of Name Requirements

Power of Attorney indicating the new name, signed by a representative of the Company (date, full name, position, facsimile or seal – if the applicant is a company);
Certified extract from the Register of Companies showing the change of name.

Change of Address Requirements

Power of Attorney indicating the new address, signed by a representative of the Company (date, full name, position, facsimile or seal – if the applicant is a company);
Certified extract from the Register of Companies showing the change of address.

Industrial Design

Filing the Application – Requirements

Name and address of the Applicant;
Information regarding the number of external shapes the protection is sought for;
Full and short title of the industrial design;
Representation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested). However, if the object of the application is a two-dimensional design and the application contains a request for deferment of publication, the representation of the design may be replaced by a specimen. Up to 7 views of the design are allowed;
Original of the signed and stamped Power of Attorney. If a company stamp is not available, notarization is required;
Priority date, country and number together with the notarized original or certified copy of the Priority document (accompanied by a certified translation of the document into English if it is in another language). The priority document can be submitted subsequently, within three months from the date of filing of the application.

Registration Procedure

Industrial Design Applications are examined and if the application meets the prescribed requirements, the Office will issue the Decision on grant upon payment of the first five-year protection fees.

Duration

25 years from the date of filing of the application;
Renewal fees are to be paid every five years.;
A request for renewal can be made and the fee for renewal paid in the six-month period prior to the expiry date of the registration. An additional six-month grace period for renewal starts on the day following the date of expiry. During the grace period an additional renewal fee of 100 % will be charged.

Recording changes in the Register

Assignment of Rights Requirements

Original of the signed and stamped Power of Attorney on behalf of the Assignee. If a company stamp is not available, notarization is required;
Notarized original or certified copy of the assignment document signed by the Assignor and the Assignee (accompanied by a certified translation of the document into English if it is in another language).

Change of Name Requirements

Original of the signed and stamped Power of Attorney indicating the new name. If a company stamp is not available, notarization is required;
Certified extract from the business register showing the change of name or a certified declaration of change of name.

Change of Address Requirements

Original of the signed and stamped Power of Attorney indicating the new address. If a company stamp is not available, notarization is required;
Certified extract from the business register showing the change of address or a certified declaration of change of address.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

North Macedonia IP Requirements

Trademarks

Filing the Application – Requirements
Registration Procedure
Opposition
Duration
Recording changes in the Register

Patents

Filing a Conventional Application – Requirements
Filing a National Phase of PCT Application – Requirements
Time limits for filing a National phase of PCT Application
Extension of a European Patent – requirements
Time limits for filing the Application for the Extension of the European Patent
Registration Procedure
Duration
Recording changes in the Register

Industrial Designs

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Conventions

Paris Convention
Madrid Agreement and the protocol from the agreement
PCT convention
Lisbon agreement
Hague Agreement
Budapest Treaty
TRIPS Agreement
Strasbourg Agreement
Nice Agreement
Vienna Agreement
Locarno Agreement
European Patent Convention
Convention on International Exhibitions
Singapore Treaty
Intellectual Property Law of 17 February 2009

Trademarks

Filing the Application – Requirements

Name and address of the Applicant;
Representation of the Mark;
List of Goods and Services according to Nice Classification 12^thEdition (Classes 1-45);
If priority is claimed: Priority date, country and number. The original Priority document or certified copy thereof, accompanied by a certified translation of the document into English if the document is in another language, is also required. The priority document can be submitted subsequently within 60 days from the date of filing of the application;
Power of Attorney signed by the Applicant (date, name, family name, position, facsimile or seal – if the applicant is a company). The PoA can be submitted subsequently within 60 days from the date of filing of the application.

Registration Procedure

Trademark applications are filed before the North Macedonian State Office of Industrial Property;
The Office examines absolute grounds for refusal;
Applications may be refused on relative grounds only on the basis of an opposition. Applications may be opposed within 90 days from the date of their publication in the official gazette;
The registration procedure takes approximately one to two years from the date of filing of the application

Opposition

Opposition can be filed within 90 days from the date of publication of the application in the official gazette.

Duration

Trademarks are registered for a period of 10 years from the date of filing of the application (upon payment of the registration fees) and can be renewed indefinitely;
Trademark registrations may be renewed for further 10-year periods. A request for renewal can be made and the fee for renewalpaid in the twelve-month period prior to the expiry date of the registration. An additional nine-month grace period for renewal starts on the day following the date of expiry. During the first three months of the grace period an additional fee of 25 % will be charged, if renewed 3-9 months after the expiration date, the fine is 100% of the renewal fees.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal – if the applicant is a company);
Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal – if the applicant is a company);
Assignment document signed by the Assignor and the Assignee. Document must be legalized by Apostille or notarized by a Notary Public.

Change of Name Requirements

Power of Attorney indicating the new name, signed by a representative of the Company (date, name, family name, position, facsimile or seal – if the applicant is a company);
Certified extract from the Register of Companies showing the change of name.

Change of Address Requirements

Power of Attorney indicating the new address, signed by a representative of the Company (date, name, family name, position, facsimile or seal – if the applicant is a company).

Patents

Filing a Conventional Application – Requirements

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;
Interpretation of method (institution) of performing the examination procedure, can be submitted subsequently, within 6 (six) months from the Application date;
Power of Attorney signed by the Applicant (date, name, family name, position, facsimile or seal – if the applicant is a company) – can be submitted subsequently, within one month from the Application date;
Priority document in original – can be submitted subsequently, within one month from the Application date;
The Application is to be filed within one year from the priority date;
Translation of the specification, claims and abstract into Macedonian, can be filed subsequently, within one month from the Application date.

Filing a National Phase of PCT Application – Requirements

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 Chapter II of the Patent Corporation Treaty;
PCT Request;
PCT Publication page;
Power of Attorney signed by the Applicant (date, name, family name, position, facsimile or seal – if the applicant is a company). – can be submitted within one month from the Application date;
Translation of specification, claims and abstract into Macedonian, can be filed subsequently, within one month from the Application date.

Time limits for filing a National phase of PCT Application

The Application is to be filed with the Office within 30 months from the Priority Application date.

Extension of a European Patent – requirements

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 – can be submitted within 3 months from the date of publication of the granting of the European Patent;
Power of Attorney signed by the Applicant (date, name, family name, position, facsimile or seal – if the applicant is a company) – can be submitted subsequently, within one month from the Application date.

Time limits for filing the Application for the extension of the European Patent

The Application for the Extension of the European Patent is to be filed within 3 months from the date of publication of the granting of the European Patent.

Registration Procedure

The Applicant is obliged to submit evidence (and its translation into Macedonian) that the European Patent has been granted for the same invention or evidence (and its translation into Macedonian) that the patent for the same invention has been granted by the institution bearing the status of the International authority for evaluating patents within 6 months of receiving the evidence. If no evidence is submitted, the Patent will be valid until the expiration of the 10^thyear of protection.

Duration

20 years from the application date for conventional Patents;
20 years from the International filing date for the National Phase of PCT patents;
20 years 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 a 25% fine or 3-9 months after the expiration of the protection period at the latest with a 100% fine.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal – if the applicant is a company);
Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal – if the applicant is a company);
Assignment document signed by the Assignor and the Assignee. The document must be legalized by the Apostille or notarized by a Notary Public and can be submitted subsequently, within one month.

Change of Name Requirements

Power of Attorney indicating the new name, signed by a representative of the Company (date, name, family name, position, facsimile or seal – if the applicant is a company);
Certified extract from the Register of Companies showing the change of name.

Change of Address Requirements

Power of Attorney indicating the new address, signed by a representative of the Company (date, name, family name, position, facsimile or seal – if the applicant is a company).

Industrial Design

Filing the Application – Requirements

Name and address of the Applicant;
Name and address of the author or a declaration that the author chooses not to be mentioned in the application;
Title of the design;
Photo or drawings of the design;
Power of Attorney simply signed by the Applicant (date, name, family name, position, facsimile or seal – if the applicant is a company) – can be submitted subsequently, within one month from the date of filing of the application;
If priority is claimed: Priority date, country and number. The original Priority document or certified copy thereof, accompanied by a certified translation of the document into English if the document is in another language, is also required. The priority document can be submitted subsequently within 60 days from the date of filing of the application.

Registration Procedure

Industrial design applications are filed before the North Macedonian State Office of Industrial Property;
The Office examines absolute grounds for refusal;
Applications may be refused on relative grounds only on the basis of an opposition;
The registration procedure takes approximately one to two years from the date of filing of the application.

Opposition

Opposition can be filed within 90 days from the date of publication of the application in the official gazette.

Duration

25 years from the date of filing of the application. Renewal fees are payable every five years;
A request for renewal can be made and the fee for renewal paid in the twelve-month period prior to the expiry date of the registration. An additional six-month grace period for renewal starts on the day following the date of expiry. During the first three months of the grace period an additional fee of 25 % will be charged, if renewed 3-6 months after the expiration date, the fine is 100% of the renewal fees.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal – if the applicant is a company);
Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal- if the applicant is a company);
Assignment document signed by the Assignor and the Assignee. Document must be legalized by Apostille or notarized by Notary Public.

Change of Name Requirements

Power of Attorney indicating the new name, signed by a representative of the Company (date, name, family name, position, facsimile or seal- if the applicant is a company);
Certified extract from the Register of Companies showing the change of name.

Change of Address Requirements

Power of Attorney indicating the new address, signed by a representative of the Company (date, name, family name, position, facsimile or seal).

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Montenegro IP Requirements

Conventions/Treaties

Paris Convention for the Protection of Industrial Property
Agreement on Trade-Related Aspects of Intellectual Property Rights
Singapore Treaty on the Law of Trademarks
Trademark Law Treaty
Madrid Agreement Concerning the International Registration of Marks
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
European Patent Convention
Patent Law Treaty
The Patent Cooperation Treaty
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
Strasbourg Agreement Concerning the International Patent Classification
The Bern Convention for the Protection of Literary and Artistic Works
WIPO Copyright Treaty
Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
Hague Agreement Concerning the International Registration of Industrial Designs
Locarno Agreement Establishing an International Classification for Industrial Designs
Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods

National regulation

Law on Trademarks (Official Gazette of Montenegro, Nos. 72/2010, 44/2012, 18/2014, 40/2016, 2/20173/2023) – entered into force on December 16, 2010
The Law on Enforcement of the Legislation that Regulates Protection of Intellectual Property Rights (‘’Official Gazette of Montenegro’’, Nos. 25/05, 37/11, 40/11) – entered into force on August 05, 2005
Regulation on the Procedure of Granting, Changing, Renewing and Internationally Registering Trademarks (Official Gazette of Montenegro, No. 50/2011) – entered into force on October 29, 2011
Regulation on the Contents of Trademark and Design Certificates (“Official Gazette of Montenegro”, No. 019/17) entered into force on April 04, 2017
Law on Patents (Official Gazette of Montenegro, Nos. 42/2015, 2/2017, 146/2021, 3/2023) – entered into force on August 06, 2015
Regulation on the Contents of the Registers, Applications and Other Submissions, Notification and Publication of Data in the Procedure for the Legal Protection of Inventions (Official Gazette of Montenegro, No. 8/2016) – entered into force on February 13, 2016
Law on the Legal Protection of Industrial Designs (Official Gazette of Montenegro, Nos. 80/2010, 27/2013, 42/2016, 2/2017) – entered into force on January 8, 2011
Regulation on the Procedure for Recognition, Changes and Renewal of the Validity of Industrial Design (Official Gazette of Montenegro No. 12/2012) – entered into force on March 03, 2012
Law on Copyright and Related Rights (Official Gazette of Montenegro, No. 37/2011, 53/2016, 145/2021) – entered into force on August 06, 2011
Regulation on the Deposit and Register of Copyright Works and Subject Matter of Related Rights (Official Gazette of Montenegro, No. 30/2012) – entered into force on June 16, 2012
Law on Geographical Indications (Official Gazette of Montenegro, No. 48/2008 and 40/2011) – entered into force on August 19, 2008
Regulation on the Procedure for Recognition of Indication of Geographical Origin and Recognition of Status of the Authorized User of Indication of Geographical Origin (Official Gazette of Montenegro, No. 27/2009) entered into force on April 21, 2009
Law on Designations of Origin, Geographical Indications and Indications of Traditional Specialties Guaranteed for Agricultural and Food Products (Official Gazette of Montenegro, No. 18/2011) – entered into force April on 09, 2011
Law on the Protection of Topographies of Integrated Circuits (Official Gazette of Montenegro, No. 75/2010) – entered into force on December 29, 2010
Regulation on the Content of the Application for the Topography Registration in the Register of Topographies (Official Gazette of Montenegro, No. 14/2016) – entered into force on March 05, 2016

Trademarks

Filing the Application – Requirements
Registration Procedure
Opposition
Duration
Recording changes in the Register

Patents

Filing a Conventional Application – Requirements
PCT Applications – Any international patent application in which Montenegro has been designated or elected for the granting of a national patent, shall be deemed to be the request for extension of the European patent to Montenegro and the European Patent Office shall act as designated or elected Office under the Treaty. Accordingly, PCT applicants who desire patent protection in Montenegro should pursue such protection via the European Patent Office under the extension agreement/European Patent Convention between Montenegro and the European Patent Organisation
The European Patent – requirements
Time limits for filing the Application for the Extension of the European Patent
Duration
Recording changes in the Register

Industrial Designs

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Trademarks

Filing the Application – Requirements

Name and address of the applicant;
Representation (outlook) of the mark;
List of goods and services according to the Nice Classification 12^thaddition (Classes 1-45);
Priority date, country and number;
The original/certified copy of the Priority document is to be submitted within 3 months as from the application date along with a certified translation thereof into the local language ( this term cannot be extended);
Power of Attorney in original, simply signed in the name of the applicant (no legalization/notarization is required). Power of Attorney can be submitted subsequently within 30 days as from the date of receipt of the official invitation issued by the IP Office due to its deficiency.

Registration Procedure

The application is filed with and examined by the Intellectual Property Office of Montenegro;
The IP Office examines absolute grounds for refusal only;
The registration procedure takes approximately 9-12 months as from the application date (smooth procedure).

Opposition

Trademark applications are published for opposition purposes and an opposition can be filed against a published trademark application within 90 days as from the date of publication;
The opposition period for national trademark applications starts the day next to the publication date, while for international registrations opposition period starts as from the first day of the month following the publication date in the WIPO Gazette.

Duration

Upon payment of the ten-year protection fees, the trademark is valid for 10 years as from the application date;
Upon payment of renewal fees, the trademark will be extended for additional 10 years (trademark may be renewed unlimited number of time);
The renewal fees can be paid during the last six months of the previous ten-year protection period or up to six months after the expiration date with a surcharge of +50% on the renewal fees.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney in original, simply signed in the name of Assignor (no legalization/notarization is required);
Power of Attorney in original, simply signed in the name of Assignee (no legalization/notarization is required);
Assignment Document, in original or certified copy thereof, simply signed in the name of Assignor and Assignee OR Excerpt from the Company Registry in original or certified copy thereof.

Change of Name Requirements

Power of Attorney in original, simply signed in the name of new entity (no legalization/notarization is required).

Change of Address Requirements

Power of Attorney in original, simply signed in the name of company with new address (no legalization/notarization is required).

License

Power of Attorney in original, simply signed in the name of the Licensor OR the;
Licensee (both Licensor or Licensee are entitled to file license recordal into the Registry);
License agreement, in original or certified copy thereof, OR the agreement on the transfer of recorded license, which proves the contractual parties and the rights to be licensed, OR a certified statement on granting or transfer of a recorded license, signed by the Licensor and the Licensee;
The License agreement is entered in the Registry at the request of the trademark holder (Licensor) or Licensee.

Patents

Filing a Conventional Application – Requirements

Name and address of the applicant;
The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application;
Priority date, country and number;
Description of patent;
Patent claims;
Drawings (if any);
Abstract – summary of the invention;
Priority document, in original or certified copy thereof, can be submitted subsequently within 3 months as from the application date along with certified translation thereof into the local language (his term cannot be extended);
Power of Attorney in original, simply signed in the name of applicant, can be submitted subsequently within 60-90 days as from the receipt of the official invitation issued by the IP office due to its deficiency;
Proof of the deposit of biological material, if the invention refers to biological material;
List of nucleotide or amino acid sequences, if the application contains the disclosure of one nucleotide or amino acid sequences or more;
The application is to be filed within one year as from the priority date;
Translation of description, claims and abstract into local language, can be filed subsequently;
The written evidence that the invention protected by the patent meets patents requirements must be submitted not later than the expiration of the 9^th year of the patent.

Extension of a European Patent – requirements

As from March 1, 2010 Montenegro was extension state for European patents;
As from October 01, 2022 Montenegro is designated state for European patents;
Translation of patent claims into local language;
Power of Attorney in original, simply signed in the name of the applicant (no legalization/notarization is required). The Power of Attorney could be submitted subsequently.

Time limits for filing the Application for the Extension of the European Patent

The application for the extension of European patent is to be filed within 3 months as from the date of publication of grant of the European patent.

Duration

20 years from the application date for conventional Patents;
20 years from the international filing date for the National Phase of PCT patents;
20 years from the European filing date for the Applications for extension of European Patents;
The protection fees are to be paid annually, prior to the expiration date of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest, with a +50% surcharge.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignor, in original (no legalization/notarization is required);
Power of Attorney simply signed by the Assignee, in original (no legalization/notarization is required);
Assignment Document signed by the Assignor and the Assignee, in original or certified copy thereof OR Excerpt from the Company Registry, in original or certified copy thereof.

Change of Name Requirements

Power of Attorney in original, simply signed in the name of new entity (no legalization/notarization is required);
Extract from the Company Registry proving the change of name or any other Public Document which may serve as supporting document for recording the change of name.

Change of Address Requirements

Power of Attorney in original, simply signed by a representative of the Company, in original (no legalization/notarization is required);
Extract from the Company Registry proving the change of address or any other Public Document which may serve as supporting document for recording the change of address.

Industrial Design

Filing the Application – Requirements

Name and address of the applicant;
Presentation of the design (depiction) that is suitable for reproduction;
An indication of the product in which the design will be contained in or to which the design will be applied;
Description of the appearance or sample of the product;
Request for postponing the publication of a registered design;
Product classification according to the Locarno Agreement on the establishment of international classification for industrial design, i.e. Locarno International Classification;
Information about the designer/the team of designers, i.e. a statement that the designer/the team of designers does not want to be listed in the application;
Priority date, number, country;
Signed Declaration in original of the designer/team of designers/applicant, that the designer/team of designers do not wish to be named in the application;
Priority document, in original or certified copy thereof, can be submitted subsequently within three months from the application date along with a certified translation into the local language. This term cannot be extended;
Power of Attorney in original, simply signed in the name of the applicant (no notarization/legalization is required). The Power of Attorney can be submitted subsequently within 60 days from receipt of the Official Invitation issued by IP office due to its deficiency.

Registration Procedure

Intellectual Property Office of Montenegro examines only formal requirements of registration, i.e. does not perform substantive examination. Thus, if the application meets the prescribed requirements, the IP Office will issue the Decision to grant;
The first five-year protection period is paid within registration fees;
The annuities are to be paid on every five years as from the moment of filing;
The renewal fees can be paid during the last six months ending on the last day of the month in which the cessation of protection occurs or up to six months after the expiration date with a surcharge of +50% of the renewal fees.

Duration

25 years from the application date

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignor, in original (no legalization/notarization is required);
Power of Attorney simply signed by the Assignee, in original (no legalization/notarization is required);
Assignment Document signed by the Assignor and the Assignee, in original or certified copy thereof OR Excerpt from the Company Registry, in original or certified copy thereof.

Change of Name Requirements

Power of Attorney in original, simply signed in the name of new entity (no legalization/notarization is required);
Extract from the Company Registry proving the change of name or any other Public Document which may serve as supporting document for recording the change of name.

Change of Address Requirements

Power of Attorney in original, simply signed by a representative of the Company, in original (no legalization/notarization is required);
Extract from the Company Registry proving the change of address or any other Public Document which may serve as supporting document for recording the change of address.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Poland IP Requirements

Legal Framework

Paris Convention
Madrid Agreement
Madrid Protocol
Singapore Treaty and its Regulations
Nice and Vienna Agreements
Stockholm Convention establishing the World Intellectual Property Organization
TRIPs
PCT Convention
EPC
Strasbourg Agreement
Hague Agreement and Geneva Act
Locarno Agreement
Visegrad Patent Institute Agreement
Polish Industrial Property Law– Act of June 30, 2000 with amendments and its Regulations

Trademarks

Filing the Application – Requirements

Request for registration;
Name and address of the Applicant;
Applicant’s ID number (if a natural person), Company registry number (if a legal person) Representation of the Mark (the sign);
List of goods and services according to Nice Classification;
Priority date, country and number and the original priority document (if claimed);
Power of Attorney signed by the Applicant;
The Application document must be signed by the Applicant or its representative.

Registration Procedure

A trademark application is subject to the payment of a filing fee:
The registration procedure takes about 8 months from the application date:
The registration is subject to the payment of a fee (fee for the 10 years of protection and fee for issuing a certificate).

Publication of the trademark application

If a trademark application satisfies the requirements, the Polish Patent Office will publish it;
After publication, official information will be published in the Official Bulletin of the Polish Patent Office.

Opposition

Opposition against the published trademark application can be filed within three months from the date of publication in the Official Bulletin.

Registration of the trademark

If the trademark application and the sign to which it relates meet all the requirements of the examination the Polish Patent Office will register the trademark. The date of the decision on registration will be the date of registration of the trademark.

Duration

Upon payment of the ten-year registration/protection fee, the Trademark is valid for 10 years from the application date;
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;
The Renewal fee can be paid up to 6 months after the expiry of a trademark, but an additional “penalty” fee must be paid.

Recording changes in the Register

Assignment of Rights Requirements

Original assignment deed/agreement. If documents are prepared in a foreign language, they should be translated into English or Polish;
Original Power of Attorney duly executed by the owner of the trademark (from the Assignee) and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register).

Change of Name Requirements

Change of name document (company extract, deed of association, notarial document). If documents are prepared in a foreign language, they should be translated into English or Polish;
Original Power of Attorney indicating the new name of the company, signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate).

Change of Address Requirements

Change of address document (company extract, deed of association, notarial document). If documents are prepared in a foreign language, they should be translated into English or Polish;
Original Power of Attorney signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate).

Patents

Filing a Conventional Application – Requirements

The application must contain the following elements

Request;
Name and address of the Applicant;
Name and address of the Inventor(s);
Priority date, country and number, priority documents;
Description of Patent;
Patent Claim or Claims;
One or more drawings (where drawings are necessary for an understanding of the invention);
Abstract – summary of the invention;
The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors;
Certificate from the International depositary authority, if the applicant refers to the deposit of biological material;
Power of Attorney signed by the Applicant;
Fee.

Filing a National Phase of PCT Application – Requirements

Name and address of the Applicant;
Name and address of the Inventor(s);
Description of Patent;
Patent Claim or Claims;
One or more drawings (where drawings are necessary for an understanding of the invention);
Abstract – summary of the invention;
Priority date, country and number;
International Search report;
International Preliminary Examination Report for the applications filed under Chapter II of the Patent Corporation Treaty;
PCT Request;
PCT Publication page;
The document showing the assignment of rights by the Inventors in favor of the Applicant, signed by the Inventors;
Power of Attorney signed by the Applicant.

Time limits for filing a National phase of PCT Application

The Application is to be filed with the Office within 30 months from the Priority Application date.

Registration Procedure

The Search Report issued by the Office is published after the formalities have been completed. Observations can be filed by anyone during the patent granting procedure. The person filing the observation is not party to the proceedings before the Polish Patent Office.

Duration

20 years from the application date for conventional Patents;
20 years from the International filing date for the National Phase of PCT patents;
Definitive plant variety protection will have a term of 25 years;
The protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid.

Recording changes in the Register

Assignment of Rights Requirements

Original Power of Attorney duly executed by the Assignee and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register);
Assignment document signed by the Assignor and the Assignee (if documents are prepared in a foreign language – a translation into Polish is required).

Change of Name Requirements

Original Power of Attorney indicating the new name of the company, signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate);
Extract from the Registers of Companies showing the change of name or any other document that may serve as proof of the requested change (if documents are prepared in a foreign language – a translation into Polish is required).

Change of Address Requirements

Original Power of Attorney signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate);
Extract from the Registers of Companies showing the change of address or any other document that may serve as proof of the requested change (if documents are prepared in a foreign language – a translation into Polish is required).

Industrial Designs

Filing the Application – Requirements

Name and address of the Applicant;
Information regarding the number of external shapes the protection is requested for;
Full and short title of the industrial design;
Representation of the design;
Description of the product according to the design or reference to the priority document;
A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested);
Power of Attorney signed by the Applicant;
Priority document (if claimed);
Filing fee.

Registration Procedure

Following the filing of the design application, the Polish Patent Office examines whether the application conforms to the conditions set in the regulations on industrial designs.

Duration

Design protection will have a term of five years starting on the date of filing;
Design protection can be renewed for further periods of five years, four times at the most. In the case of renewal, the new design protection period will begin on the day following the expiration date of the previous period;
Design protection cannot be renewed after the expiration of a period of twenty-five years from the date of filing.

Invalidation

A design may be cancelled in whole or in part at the request of any person having a legitimate interest therein, who is able to prove that the statutory requirements for the granting of a design have not been satisfied. The finding that the exploitation of the industrial design infringes third parties’ personal or economic rights shall also constitute grounds for the cancellation of a design.

Recording changes in the Register

Assignment of Rights Requirements

Original Power of Attorney duly executed by the Assignee and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register);
Assignment document signed by the Assignor and the Assignee (if documents are prepared in a foreign language, a translation into Polish is required).

Change of Name Requirements

Original Power of Attorney indicating the new name of the company, signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate);
Extract from the Registers of Companies showing the change of name or any other document that may serve as a proof of the requested change (if documents are prepared in a foreign language, a translation into Polish is required).

Change of Address Requirements

Original Power of Attorney signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate);
Extract from the Registers of Companies showing the change of address or any other document that may serve as proof of the requested change (if documents are prepared in a foreign language, a translation into Polish is required).

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Romania IP Requirements

Legal Framework

Paris Convention
Madrid Agreement
Madrid Protocol
Singapore Treaty and its Regulations
Nice and Vienna Agreements
Treaty on trademark law and its Regulations
Stockholm Convention establishing the World Intellectual Property Organization
TRIPs
PCT Convention
EPC
Budapest Treaty and its Regulations
Strasbourg Agreement
Hague Agreement and Geneva Act
Locarno Agreement
Regulation (EC) No 469/2009
Regulation (EC) No 1901/2006
Regulation (EC) No 1610/96
Directive 2001/82/EC
Directive 2001/83/EC

Law no. 84/1998 on trademarks and geographical indications and its Regulations, as further amended and supplemented
Law no. 64/1991 on patents and its Regulations, as further amended and supplemented

Law no. 83/2014 on Employees’ inventions

Law no. 611/2002 on the accession of Romania to the European Patent Convention

Law No 350/2007 on Utility models

Instruction No. 146/2006 on the SPC for medicaments and the SPC for plant protection products

Instruction no. 111/2010 on Pediatric Extension for medicines for pediatric use Law no. 129/1992 on the protection of industrial designs and models and its Regulations, as further amended and supplemented

Government Ordinance no. 41/1998 on fees regarding the industrial property field and their application framework, as further amended and supplemented

Trademark

Filing the Application – Requirements

Name and address of the Applicant;
Representation of the mark;
Colors to be claimed when the mark is a device mark in color;
List of Goods and Services according to Nice Classification 12^thEdition (Classes 1-45);
Priority date, country and number and the original Priority document which can be submitted subsequently, in 30 days;
Power of Attorney simply signed (and sealed, if applicable) by the Applicant. The power of attorney can be submitted within 2 months of the date of notification of the deposit. Original not required.

Registration Procedure

The Application is filed with and examined by the Patent and Trademark Office

The registration procedure takes 6 months (if all goes smoothly) from the publication date.

Opposition

Opposition can be filed against the published Trademark Application can be filed within two months as from the date of publication of the Decision to Grant.

Duration

The trademark is valid for 10 years as from the application date;
Upon payment of renewal fees, the Trademark will be extended for a further 10-year period. The renewal application can be filed no more than 6 months before the expiration date; the renewal fees can be paid up to six months after the expiration date with a fine of 50%.

Recording changes in the Register

Assignment of Rights

Power of attorney simply signed (and sealed, if applicable) by the Assignee; Assignment agreement or a notarized copy thereof can be filed in copy as per original.

Change of Name

Simply signed (and sealed, if applicable) Power of attorney indicating the new name; Copy of the registration of change of name with the Trade Registry or any other official document attesting the change of name;
Copy of the registration of change of name with the Trade Registry or any other document attesting the change of name or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its name.

Change of Address

Simply signed (and sealed, if applicable) Power of attorney indicating the new address; Copy of the registration of change of address with the Trade Registry or any other official document attesting the change of address;
Copy of the registration of change of address with the Trade Registry or any other document attesting the change of address or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its address.

Patents

Filing a Conventional Patent/Utility Model Application – Requirements

Name and address of the Applicant;
Title of the patent/utility model;;
Name and address of the inventor (if he/she is not the Applicant), workplace on the date of creating the invention
Relevant document attesting the manner by which the Applicant is entitled to file the patent/utility model application;
Statement that the inventor does not wish to have their name mentioned in the application, if relevant;
The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors (in original or notarized copy) – it can be submitted subsequently, within 3 months. Original is compulsory;
Description of Patent/utility model;
Drawings (if any);
Abstract – summary of the invention;
Priority date, country and number;
Priority document – it can be submitted subsequently, within 3 months. Original document is compulsory;
Patent/utility model claims;
Power of attorney simply signed by the Applicant – can be submitted subsequently, within 3 months. Original document is compulsory;
Translation of description, claims, drawings and abstract into local language – can be filed subsequently, within 2 months against additional fee except for the utility model applications;
The Application is to be filed within one year from the priority date.

Filing a National Phase of PCT Patent/Utility Model Application – Requirements

Name and address of the Applicant;
Title of the patent/utility model;
Name and address of the Inventor (if he/she is not the Applicant) or a declaration that the Inventor does not wish to be mentioned by name in the Application, if relevant;
Relevant document attesting the manner by which the Applicant is entitled to file the patent application;
The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the inventors (in original or notarized copy) – it can be submitted subsequently, within 3 months. Original document is compulsory;
Description of Patent/Utility model;
Drawings (if any);
Abstract – summary of the invention;
Priority date, country and number;
Priority document – can be submitted subsequently, within 3 months. Original document is compulsory;
Patent/utility model Claims;
International search report;
International Preliminary Examination Report;
Power of attorney simply signed by the Applicant – can be submitted subsequently, within 3 months. Original document is compulsory;
Translation of the description, claims, drawings and abstract into the local language – can be filed subsequently, within 2 months, against additional fee.

Filing a Supplementary Protection Certificate application – Requirements

Name and address of the Applicant;
Number of the basic patent and the title of the invention;
Number and date of the first authorization to place the product as a medicament or as a plant protection product, respectively, on the market in Romania. In case this is not the first authorization to place the product on the market in the EEA, the number and date of the latter;
The product (active substance or a combination of active substances) identified by the authorization;
Copy of the authorization to place the product on the market in Romania, valid on the date of filing the certificate application, indicating: the product name, the authorization number and date, a summary of the product characteristics;
The identity of the product authorized thereby;
Copy of the notice of publishing the authorization in an appropriate official publication;
All the indications allowing the identification of the product protected by the basic patent, for example, the indication of the claim relating to the product;
Power of attorney simply signed by the Applicant – can be submitted subsequently, within 3 months. Original document is compulsory.

Registration Procedure

Patent

The Application is to be published within 18 months from the application date or from the priority date;
Request for full examination is to be lodged on the application date or on the filing date in the National stage, if relevant, or within 30 months from one of the aforementioned dates.

Utility Model

The search report is drafted within 6 months from the date of filing;
The grant fee and the maintenance fee for the first 6 years are payable at grant, with the possibility to renew the Utility Model twice, every 2 years.

European Patent

Romania has been a member of the European Patent Organization since March 01, 2003.

Duration

20 years from the application date for conventional Patent;
20 years from the International filing date for the National Phase of PCT patents;
25 years + 6 months – supplementary protection certificate can be obtained and the validity of the patent can be extended up to five years in case of pharmaceutical products and phytopharmaceutical products + 6 months for medicines for paediatric use;
The protection fees for national/PCT patents must be paid cumulatively up to grant. Post grant, the protection fees are payable annually;
the protection fees for patents are to be paid annually and, as a rule, are due on the first day of the respective year of protection; the fees can also be paid within six months after the due date with a 50% fine;
10 years from the national filing date for the Utility Model;
10 years from the international filing date for the National Phase of PCT Utility Model;
The protection fees for Utility models for the first 6 years are payable at grant, with the possibility to renew the Utility Model twice, every 2 years; the fees can also be paid within six months after the due date with a 50% fine.

Recording changes in the Register

Assignment of Rights

Power of Attorney simply signed by the Assignee, in original;
Notarized copy of the original assignment agreement, in original.

Change of Name

Power of Attorney indicating the new name, simply signed by a representative of the Company, in original;
Copy of the registration of the change of name with the Trade Registry or any other document attesting the change of name or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its name.

Change of Address

Power of Attorney indicating the new address, simply signed by a representative of the Company, in original;
Copy of the registration of the change of address with the Trade Registry or any other document attesting the change of address or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its address.

Industrial Designs

Filing the Application – Requirements

Name and address of the Applicant;
Name and address of the author or a declaration that the author chooses not to be mentioned in the application;
Author(s) Solemn Declaration signed in original by the author(s) of the design – can be filed subsequently, within 15 days from the date of filing with the possibility to extend the term for additional fee. Original document is compulsory;
The document showing the assignment of rights by the Authors in favor of the Applicant, simply signed by the Authors (in original or notarized copy) – it can be submitted subsequently, within 3 months;
Information regarding the number of external shapes the protection is requested for;
Graphic representation of the design;
Priority documents, if relevant, can be filed subsequently, within 3 months. Original or notarized copy is compulsory;
Indication of the products in which the design is incorporated, if relevant
Description of the novel elements of the design;
Power of Attorney simply signed by the Applicant – can be submitted subsequently, within 15 days of the date of filing with the possibility to extend the term for additional fee. Original document is compulsory.

Registration Procedure

Industrial Design Application are examined by the Patent and Trademark Office. If the application meets the prescribed requirements, the Office will issue the Registration Certificate;
The maintenance fees are payable at grant for the first 10 years, and every five years afterwards.

Duration

10 years from the application date, with the possibility of renewal 3 times, for 5 years each time;
Renewal must be requested 1 month prior to the expiry of the validity period.

Recording changes in the Register

Assignment of Rights

Power of Attorney simply signed by the Assignee, in original;
Notarized copy of the original assignment agreement, in original.

Change of Name

Power of Attorney indicating the new name, simply signed by a representative of the Company, in original;
Copy of the registration of the change of name with the Trade Registry or any other document attesting the change of name or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its name.

Change of Address

Power of Attorney indicating the new address, simply signed by a representative of the Company, in original;
Copy of the registration of the change of address with the Trade Registry or any other document attesting the change of address or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its address.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Serbia IP Requirements

Trademarks

Filing the Application – Requirements
Registration Procedure
Opposition
Duration
Recording changes in the Register

Patents

Filing a Conventional Application – Requirements
Filing a National Phase of PCT Application – Requirements
Time limits for filing a National phase of PCT Application
Registration Procedure
Validation of European patents to Serbia
Duration
Recording changes in the Register

Industrial Designs

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Conventions

Berne Convention (Copyright)
Brussels Convention (Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite)
Budapest Treaty
Co-operation and Extension Agreement in the Field of Patents
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
European Patent Convention
Hague Agreement (Industrial Designs)
Lisbon Agreement
Locarno Agreement (Industrial Designs)
Madrid Agreement
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods
Madrid Protocol
Nairobi Treaty
Nice Agreement
Paris Convention
Patent Cooperation Treaty (PCT)
Patent Law Treaty (PLT)
Rome Convention
Singapore Treaty
Strasbourg Agreement
Trademark Law Treaty (TLT)
Universal Copyright Convention (UCC)
Vienna Agreement
WIPO
WIPO Copyright Treaty (WCT)
WIPO Performances and Phonograms treaty (WPPT)
WTO (accession status)

Legislation

Law on Trademarks, entered into force on 1 February 2020
Patent Law, entered into force on 23 December 2021
Law on the Legal Protection of Industrial Designs, entered into force on 1 October 2018
Law on Copyright and Related Rights, entered into force on 1 January 2020
Law on Indications of Geographical Origin, entered into force on 1 October 2018
Law on the Legal Protection of Topography of Semiconducting Products, entered into force on 26 September 2019
Law on the Protection of Trade Secrets, entered into force on 28 May 2021
Law on General Administrative Procedure, entered into force on 9 March 2016

Trademarks

Filing the Application – Requirements

Name and address of the Applicant;
Representation of the Mark;
List of Goods and Services according to 12^th Edition of the Nice Classification (Classes 1-45);;
If priority is claimed: Priority date, country and number. The original Priority document or certified copy thereof, accompanied by a certified translation of the document into English if the document is in another language, is also required. The document may be submitted subsequently, within three months from the date of filing of the application (non-extendable);
Power of Attorney simply signed on behalf of the Applicant (soft copy). The PoA can be submitted subsequently within one month from the date of filing of the application.

Registration Procedure

The Application is filed before the Intellectual Property Office;
The Intellectual Property Office examines relative and absolute grounds for refusal ex officio;
The registration procedure takes approximately six months from the date of filing of the application date (smooth procedure).

Opposition

Trademark applications are published for opposition purposes and an opposition can be filed against a published trademark application within three months from the date of publication;
An observation claim can also be filed during the ex officio examination procedure conducted by the PTO (i.e. before the start of the opposition period).

Duration

Trademarks are registered for a period of 10 years from the date of filing of the application (upon payment of the registration fees) and can be renewed indefinitely;
Trademark registrations may be renewed for further 10-year periods. The renewal fees can be paid during the last six months of the previous ten-year protection period or up to six months after the expiration date with a 50% surcharge on the renewal fees.

Recording changes in the Register

Assignment of Rights Requirements

Original Power of Attorney, simply signed on behalf of the Assignee;
Original or certified copy of the assignment document signed by the Assignor and the Assignee.

Change of Name Requirements

Original of the simply signed Power of Attorney indicating the new name.

Change of Address Requirements

Original of the simply signed Power of Attorney indicating the new address.

Patents

Filing a Conventional Application – Requirements

Name and address of the Applicant;
Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned by name in the Application;
Priority date, country and number;
Description of Patent;
Patent Claims;
Drawings (if any);
Abstract – summary of the invention;
Applicant’s statement declaring the basis of its right to file the application;
Power of Attorney simply signed by the Applicant;
Priority document;
The Application is to be filed within one year from the priority date;
Translation of the description, claims and abstract into the local language, can be filed subsequently.

Filing a National Phase of PCT Application – Requirements

PCT application as published;
Applicant’s statement declaring the base of its right to file the application;
Power of Attorney simply signed by the Applicant;
Translation of description, claims and abstract into local language, can be filed subsequently.

Time limits for filing a National phase of PCT Application

The Application is to be filed with the Office within 30 months from the Priority Application date.

Registration Procedure

Request for full examination is to be filed within 6 months from the date of receipt of the search report.

Validation of European patents to Serbia

In order to have a European Patent validated in Serbia, a translation of the patent’s description and claims must to be submitted to the IPO of Serbia within 3 months from publication of the mention of grant of the EP. A Power of Attorney simply signed on behalf of the Patentee must be submitted.

Duration

20 years from the application date for conventional Patents;
20 years from the International filing date for the National Phase of PCT patents;
20 years from the European filing date for validated European Patents;
petty patent is valid for 10 years from the application date;
The maintenance fees are to be paid annually, prior to or on the anniversary of the filing date or within the following six months with a 50% fine.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignee;
Original assignment document signed by the Assignor and the Assignee or a notarized copy of it.

Change of Name Requirements

Power of Attorney indicating the new name, simply signed by a representative of the Company.

Change of Address Requirements

Power of Attorney indicating the new address, simply signed by a representative of the Company.

Industrial Design

Filing the Application – Requirements

Name and address of the Applicant;
Name and address of the author or a declaration that the author has chosen not to be mentioned in the application;
Information regarding the number of external shapes the protection is requested for;
Full and short title of the industrial design;
A two-dimensional representation of the design (a photograph or a graphic representation of the product the protection is requested for). If one depiction does not suffice to show all the new aspects of the design, the applicant is allowed to submit as many depictions as needed. Black and white depictions are acceptable;
A description of the industrial design which should contain the specified characteristics of the industrial design for which protection is requested, by means of which the novelty and scope of protection of the industrial design may be determined;
Multiple design applications are allowed if they are classified in the same class of the Locarno Classification;
Maximum of 100 designs may be included in one application.
Legal basis for filing of the Application (if the Author of the Design is not the Applicant);
If priority is claimed: Priority date, country and number. The original Priority document or certified copy thereof, accompanied by a certified translation of the document into English if the document is in another language, is also required. The document may be submitted subsequently, within three months from the date of filing of the application (non-extendable);
Original of the simply signed Power of Attorney on behalf of the Applicant.

Registration Procedure

The Intellectual Property Office conducts an examination of novelty and individual character of the industrial design application. The examination procedure lasts approximately 6 months;
Industrial design applications are not published for opposition purposes;
When the industrial design applications passes the examination procedure, the IPO invites the Applicant to effect the payment of the first five-year protection fees.

Duration

25 years from the date of filing of the application;
Renewal fees are to be paid every five years,
A request for renewal can be made and the fee for renewal paid in the six-month period prior to the expiry date of the registration. An additional six-month grace period for renewal starts on the day following the date of expiry. During the grace period an additional renewal fee of 50 % will be charged.

Recording changes in the Register

Assignment of Rights Requirements

Original Power of Attorney, simply signed by on behalf of the Assignee;
Original or certified copy of the assignment document signed by the Assignor and the Assignee.

Change of Name Requirements

Original of the simply signed Power of Attorney indicating the new name Change of Address Requirements;
Original of the simply signed Power of Attorney indicating the new address.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Slovak Republic IP Requirements

Trademarks

Filing the Application – Requirements
Registration Procedure
Opposition
Duration
Recording changes in the Register

Patents

Filing a Conventional Application – Requirements
Filing a National Phase of PCT Application – Requirements
Time limits for filing a National phase of PCT Application
Registration Procedure
European Patent
Duration
Recording changes in the Register

Industrial Designs

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Conventions

Paris Convention
Madrid Agreement
Madrid Protocol
PCT Convention
EPC
Slovak Trademark Act of 1 January 2010
Law No. 444/2002 on Designs

Trademarks

Filing the Application – Requirements

Name and address of the Applicant;
Representation of the Mark;
List of Goods and Services according to Nice Classification 12^th Edition (Classes 1-45)
Priority date, country and number and the original Priority document which can be submitted subsequently
Power of Attorney simply signed by the Applicant. The PoA can be submitted; subsequently. The deadline for submitting the PoA can be extended several times (scanned copy is sufficient);
Priority document must be filed with three months from the date of filing the application.

Registration Procedure

The Application is filed with and examined by the Patent and Trademark Office (Office);
The registration procedure takes 6-9 month (if no opposition filed) from the application date.

Opposition

Opposition can be filed against the published Trademark Application can be filed within three months from the date of publication.

Duration

Upon payment of registration fees the Trademark is valid for 10 years from the application date;
Upon filing the renewal application and payment of renewal fees the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last year of the previous ten years protection period or up to six months after the expiration date with a fine of 100% of the renewal fees.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignor or by the Assignee (scanned copy is sufficient);
Original Assignment document simply signed by the Assignor and the Assignee or a certified copy of this document.

Change of Name Requirements

Power of Attorney indicating the new name, simply signed by a representative of the Company (scanned copy is sufficient).

Change of Address Requirements

Power of Attorney indicating the new address, simply signed by a representative of the Company (scanned copy is sufficient).

Patents

Filing a Conventional Application – Requirements

Name and address of the Applicant;
Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned by name in the Application;
Priority date, country and number;
Description of Patent;
Patent Claims;
Drawings (if any);
Abstract – summary of the invention;
The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted subsequently;
Power of Attorney simply signed by the Applicant – can be submitted subsequently (scanned copy is sufficient);
Priority document – can be submitted subsequently;
The Application is to be filed within one year from the priority date;
Translation of description, claims and abstract into the local language, can be filed subsequently.

Filing a National Phase of PCT Application – Requirements

Name and address of the Applicant;
Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned by name in the Application;
Description of Patent;
Patent Claims;
Drawings (if any);
Abstract – summary of the invention;
Priority date, country and number;
International Search report;
International Preliminary Examination Report;
PCT Publication page;
The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted subsequently;
Power of Attorney simply signed by the Applicant – can be submitted subsequently (scanned copy is sufficient);
Translation of description, claims and abstract into the local language, can be filed subsequently.

Time limits for filing a National phase of PCT Application

The Application is to be filed with the Office within 31 months from the Priority Application date.

Registration Procedure

Application is to be published within 18 months from the application date or from the priority date;
Request for full examination is to be filed within 36 months from the filing date or from the International filing date.

European Patent

The Slovak Republic has been member of the European Patent Organization since July 1, 2002.

Duration

20 years from the application date for conventional Patents;
20 years from the International filing date for the National Phase of PCT patents;
25 years – supplementary protection certificate can be obtained and the validity of the patent can be extended up to five years;
the protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest, with a 100% fine.

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignor or by the Assignee (scanned copy is sufficient);
Assignment document with signature of the Assignor and signed by the Assignee.

Change of Name Requirements

Power of Attorney indicating the new name, simply signed by a representative of the Company (scanned copy is sufficient).

Change of Address Requirements

Power of Attorney indicating the new address, simply signed by a representative of the Company (scanned copy is sufficient).

Industrial Design

Filing the Application – Requirements

Name and address of the Applicant,
Name and address of the author or a declaration that the author chooses not to be mentioned in the application;
Information regarding the number of external shapes the protection is requested for;
Full and short title of the industrial design;
A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested; image of any design for which registration in an application is required and from which the substance of a design can be distinguished exactly);
Indication of a product in which the design is embodied or to which it is applied;
Power of Attorney simply signed by the Applicant’s representative. The PoA can be submitted subsequently (scanned copy is sufficient).

Registration Procedure

Industrial Design Applications are examined by the Patent and Trademark Office. If the application meets the prescribed requirements, the Office will issue the Decision to grant;
The fees are payable every five years.

Duration

5 years from the Application Date; can be extended 4 times (total term of protection 25 years from the date of filing an application).

Recording changes in the Register

Assignment of Rights Requirements

Power of Attorney simply signed by the Assignor (scanned copy is sufficient);
Power of Attorney simply signed by the Assignee (scanned copy is sufficient);
Assignment document simply signed by the Assignor and the Assignee. No legalization or notarization is required.

Change of Name Requirements

Power of Attorney indicating the new name, simply signed by a representative of the Company (scanned copy is sufficient).

Change of Address Requirements

Power of Attorney indicating the new address, simply signed by a representative of the Company (scanned copy is sufficient).

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Slovenia IP Requirements

Trademarks

Filing the Application – Requirements
Registration Procedure
Opposition
Duration
Recording changes in the Register

Patents

Filing a Conventional Application – Requirements
Time limits for filing a National phase of PCT Application
Registration Procedure
Validation of the European Patent – Requirements
Duration
Recording changes in the Register

Industrial Designs

Filing the Application – Requirements
Registration Procedure
Duration
Recording changes in the Register

Conventions

Paris Convention
Madrid Agreement
Madrid Protocol
PCT Convention
EPC
Industrial Property Act valid as of 7 December 2001 (last amendment on 27 July 2023)
Copyright and Related Rights Act valid as of 29 April 1995

Trademarks

Filing the Application – Requirements;
Name and address of the Applicant;
Representation of the Mark;
List of Goods and Services according to Nice Classification 12^thEdition (Classes 1-45);
Priority date, country and number (if priority is claimed);
Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently within three months from the Application date. This term can be extended for an additional three months.

Registration Procedure

The Application is filed with and examined by the Intellectual Property Office
The Intellectual Property Office examines absolute grounds for refusal
The registration procedure takes approximately six months from the application date (smooth procedure)

Opposition

Trademark Applications are published in the Official Gazette. Opposition against a Trademark Application can be filed within three months from the publication date.

Duration

Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date, except in the case of revalidation (see below);
Upon payment of renewal fees, the Trademark will 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 up to six months after the expiration date with a fine of 50% of the renewal fees;
Revalidations of former Yugoslav Trademark Registrations keep the same renewal dates as the original former Yugoslav Trademarks.

Recording changes in the Register

Assignment of Rights Requirements

A scanned copy of a Power of Attorney simply signed by the Assignee;
A certified copy or original assignment document (can be also a simply signed assignment deed).

Change of Name Requirements

A scanned copy of the Power of Attorney indicating the new name, simply signed by a representative of the Company and a scanned copy of the Power of Attorney with the old name if we were not the Agent for the file; Or
A scanned copy of the Power of Attorney indicating the new name, simply signed by a representative of the Company and official documentation that demonstrates the change of name of the holder (can be also a change of name affidavit or other official document issued by the relevant authorities that verifies the change of name).

Change of Address Requirements

A scanned copy of the Power of Attorney indicating the new address, simply signed by a representative of the Company and a scanned copy of the Power of Attorney with the old address if we were not the Agent for the file; Or
A scanned copy of the Power of Attorney indicating the new address, simply signed by a representative of the Company and official documentation that demonstrates the change of address of the holder (can be also a change of address affidavit or other official document issued by the relevant authorities that verifies the change of address).

Patents

Filing a Conventional Application – Requirements

Name and address of the Applicant;
Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application;
Priority date, country and number;
Description of Patent;
Patent Claims;
Drawings (if any);
Abstract – summary of the invention;
Power of Attorney simply signed (original or copy) by the Applicant can be submitted subsequently, within three months from the Application date. This term can be extended for an additional three months;
Priority document – can be submitted subsequently, within three months from the Application date. This term can be extended for the additional three months;
The Application is to be filed within one year from the priority date;
Translation of the specification, claims and abstract into the local language, can be filed subsequently.

Time limits for filing a National phase of PCT Application

The Application is to be filed with the Office within 30 months from the Priority Application date.

Registration Procedure

The Office will publish the Patent Application within 18 months from the Application date or the priority date if the priority has been claimed. Upon publication of the patent Application, the decision to grant is issued and the publication date shall be considered as the granting date;
No later than the expiry of the ninth year of protection, the owners of the Patent shall submit to the Office the written evidence showing that the patent for the same invention has been obtained:

Before the EPO;

if no application for the same invention has been filed with the EPO, evidence should be submitted to show that the Patent for the same invention has been granted by the authority which according to PCT enjoys the status of Preliminary Examining Authority or by any other patent Office with which the relevant treaty has been concluded. The List of the Patents for the same invention which can serve as evidence should be submitted along with data on patent applications and the patents that have been refused;
if no evidence can be submitted by the Owner, a request may be made for the Office to obtain the relevant data.

Filing a National Phase of PCT Application – Requirements

Name and address of the Applicant;
Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned by name in the Application;
Description of Patent;
Patent Claims;
Drawings (if any);
Abstract – summary of the invention;
Priority date, country and number;
International Search report;
International Preliminary Examination Report;
PCT Publication page;
The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted subsequently;
Power of Attorney simply signed (original or copy) by the Applicant – can be submitted subsequently;
Translation of description, claims and abstract into the local language, can be filed subsequently.

Validation of the European Patent – Requirements

The validation of the European Patent can be claimed within three months from the date of publication of the granting of the European Patent;
A Slovenian translation of Patent Claims and the title should be submitted to the Office along with the claim for the validation of the European Patent;
Power of Attorney simply signed (original or copy) by the Applicant – can be submitted subsequently.

Duration

20 years from the application date for conventional Patents;
20 years from the International filing date for the National Phase of PCT patents;
20 years from the date of filing the European Patent Application for the EP;
petty patent is valid for 10 years from the application date;
for Patent Applications filed in Slovenia after 7 December 2001 the fees should be paid starting from the 4^thyear of protection and for each subsequent year. For Patent Applications filed in Slovenia prior to 7 December 2001 the annual fees should be paid starting from the 3rd year and for each subsequent year;
protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest with a 50% fine;
the duration of a patent can be extended over 20 years in the following cases:

in the case of a war of similar emergency conditions, for the duration of this state or condition, but for no more than five years;
in case if the subject-matter of the patent is a product or a process for manufacturing a product or a use of a product which has to undergo an administrative procedure required by the law, for the duration of this procedure, but for no more than five years.

Recording changes in the Register

Assignment of Rights Requirements

A scanned copy of a Power of Attorney simply signed by the Assignee;
A certified copy or original assignment document (can be also a simply signed assignment deed).

Change of Name Requirements

A scanned copy of the Power of Attorney indicating the new name, simply signed by a representative of the Company and a scanned copy of the Power of Attorney with the old name if we were not the Agent for the file; Or
A scanned copy of the Power of Attorney indicating the new name, simply signed by a representative of the Company and official documentation that demonstrates the change of name of the holder (can be also a change of name affidavit or other official document issued by the relevant authorities that verifies the change of name).

Change of Address Requirements

A scanned copy of the Power of Attorney indicating the new address, simply signed by a representative of the Company and a scanned copy of the Power of Attorney with the old address if we were not the Agent for the file; Or
A scanned copy of the Power of Attorney indicating the new address, simply signed by a representative of the Company and official documentation that demonstrates the change of address of the holder (can be also a change of address affidavit or other official document issued by the relevant authorities that verifies the change of address).

Industrial Design

Filing the Application – Requirements

Name and address of the Applicant;
Name and address of the author or a declaration that the author chooses not to be mentioned in the application;
Information regarding the number of external shapes or reproductions the protection is requested for,
Full and short title of the industrial design;
A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested);
Power of Attorney simply signed by the Applicant’s representative. The PoA can be submitted subsequently.

Registration Procedure

After receiving the application, the Intellectual Property Office will examine it to ensure it complies with the formal requirements. If the application passes the formal examination the Office will grant the Design and the granted Design will be published in the Official gazette;
The registration procedure is quick, and it usually takes about 2 weeks from the application to registration date, if all necessary formalities are met when filing the application;
The renewal fees are payable every five years. The renewal fees for the following five-year protection period should be paid during the last year for the previous protection period. The late fees can be paid with a 50% fine within six months from the expiry date.

Duration

Maximum 25 years from the Application date.

Recording changes in the Register

Assignment of Rights Requirements

A scanned copy of the Power of Attorney simply signed by the Assignee;
A certified copy or original assignment document (can be also assignment deed).

Change of Name Requirements

A scanned copy of the Power of Attorney indicating the new name, simply signed by a representative of the Company and a scanned copy of the Power of Attorney with the old name if we were not the Agent for the file; Or
A scanned copy of the Power of Attorney indicating the new name, simply signed by a representative of the Company and official documentation that demonstrates the change of name of the holder (can be also a change of name affidavit or other official document issued by the relevant authorities that verifies the change of name).

Change of Address Requirements

A scanned copy of the Power of Attorney indicating the new address, simply signed by a representative of the Company and a scanned copy of the Power of Attorney with the old address if we were not the Agent for the file; Or
A scanned copy of the Power of Attorney indicating the new address, simply signed by a representative of the Company and official documentation that demonstrates the change of address of the holder (can be also a change of address affidavit or other official document issued by the relevant authorities that verifies the change of address).

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

Spain IP Requirements

Trademarks

Filing the Application – Requirements

Name and address of the Applicant. If it is a legal form we need ID number;
Representation of the mark;
List of Goods and Services according to Nice Classification 12th Edition (Classes 1-45);
Priority date, country and number details. Within three months from the Application date, the priority documentation can be submitted. Certified Copy of the Priority document and translation of the same;
Power of Attorney, simply signed. Scanned copy is sufficient.

Registration Procedure

Application is filed at Spanish PTO and examined for admissibility (including representation of the mark and classification);
SPTO examines absolute grounds for refusal;
Application is published for the purposes of third-party observations or opposition;
Third party observations may be filed in relation to absolute grounds for up to two months after publication;
The registration procedure takes approximately six months from the application date provided no obstacles arise.

Opposition

Trademark applications are published in the Official Gazette (for Spain);
Oppositions against trademark applications can be filed within two months from the publication date (non-extendable).

Duration

Trademarks are valid for 10 years from the application date;
Upon payment of renewal fees, the trademark will be extended for a further 10 years. The renewal fees can be paid during six months prior to the expiry day without surcharge or the six months after the expiry date with a surcharge for late renewal.

Recording changes in the Register

Assignment of Rights Requirements

Document or certificate of transfer duly signed by both Assignor and Assignee including name, surname and position of the signatory (official Spanish form);
If the certified copy of the assignment document is submitted (instead of the official form 4010), notarization and legalization would be required along with a Spanish translation of the same;
Power of Attorney signed by Assignee. No legalization is required.

Change of Name Requirements

Certified copy of the Change of Name with Apostille with the corresponding Spanish translation;
Power of Attorney simply signed by the new company. No legalization is required. Scanned copy is sufficient.

Change of Address

Power of Attorney simply signed by the Applicant/Proprietor. No legalization is required. Scanned copy is sufficient.

Industrial Design

Filing the Application – Requirements

Name and address of the Applicant and ID of the legal or natural person;
Name, nationality and address of Designer;
Indication of type of product (Locarno classification). In a multiple design application all products must belong to the same classification;
At least one visual representation of the design (up to 7 views for a single Design);
Priority details (number, country and date) and the priority documents can be provided within three months of the priority claim;
If confidentiality is required, publication of the Design can be deferred;
Power of Attorney, simply signed.

Registration Procedure

Examination of the formalities of the design (including representation);
Examination of substance (that the design is indeed a design and not contrary to public policy or morality or that it does not contain Spanish official symbols and emblems, classification);
Publication of design (unless deferment requested);
If no objections arise, the design is granted in 3 days following the application and 5 months if there are objections/suspensions.

Duration

A design has a life of five years from the filing date;
May be renewed in five year blocks up to 25 years.

Recording changes in the Register

Assignment of Rights Requirements

Document or certificate of transfer duly signed by Assignor and Assignee including name, surname and position of the signatory (Spanish official form);
If the copy of the assignment document is submitted (instead of the official form), notarization and legalization would be required along with a Spanish translation of the same;
Power of Attorney signed by Assignee. No legalization is required. Scanned copy is sufficient.

Change of Name Requirements

Certified copy of the Change of Name with Apostille and the corresponding Spanish translation;
Power of Attorney simply signed by the new company. No legalization is required.

Change of Address Requirements

Power of Attorney simply signed by the new company. No legalization is required. Scanned copy is sufficient.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

EUTM IP Requirements

Trademarks

Filing the Application – Requirements

Name and address of the Applicant and indication of the legal form
Representation of the Mark;
List of Goods and Services according to Nice Classification 12nd Edition (Classes 1-45);
Priority date, country and number and the Priority document which can be submitted subsequently within three months from the Application date;
No power of attorney is required for an authorized representative.

Registration Procedure

Application is filed at EUIPO and examined for admissibility and classification;
EUIPO examines absolute grounds for refusal;
Application is published for the purposes of third-party observations or opposition;
Third party observations may be filed in relation to absolute grounds for up to three months after publication;
The registration procedure takes approximately six months from the application date provided no obstacles arise.

Opposition

Trademark applications are published in the Bulletin;
Oppositions against trademark applications can be filed within three months from the publication date (non-extendable).

Duration

Trademarks are valid for 10 years from the application date;
Upon payment of renewal fees, the Trademark will be extended for a further 10 years. The renewal fees can be paid during the six months prior date without surcharge or up within the six months after the expiry date with a surcharge for late renewal.

Recording changes in the Register

Assignment of Rights Requirements

A written request for recordal of the Assignment in the official form indicating:

Number of the application or EUTM registration to be assigned;
Assignor and Assignee and their respective addresses.

Assignment document simply signed by the Assignor and the Assignee – no legalization is required;

Indication must be given of the future representative of the assignee.

Power of Attorney: No power of attorney is required.

Change of Name Requirements

A written request indicating:

Number of the application or EUTM registration;
Name and address of applicant;
An indication of the new name.

A copy of the Register of Companies showing the change of name, or an Affidavit;
Power of Attorney: No power of attorney is required.

Change of Address

A written request indicating:

Number of the application or EUTM registration;
Name and address of applicant;
An indication of the new address.

Power of Attorney: No power of attorney is required.

Industrial Design

Filing the Application – Requirements

Name and address of the Applicant;
Name, nationality and address of Designer;
Indication of type of product (Locarno classification). In a multiple design application all products must belong to the same classification;
At least one visual representation of the design (up to 7 views for a single Design);
Priority details: number, country or priority date if those cannot be retrieve automatically with the e-filing;
If confidentiality is required, publication of the Design can be deferred;
No power of attorney is required for an authorized representative.

Registration Procedure

Examination of the formalities of the design;
Examination of substance (that the design is indeed a design and not contrary to public policy or morality);
Publication of design (unless deferment requested);
If no objections, design granted from 2 – 10 days following the application.

Duration

A design has a life of five years from the filing date;
May be renewed in five year blocks up to 25 years.

Recording changes in the Register

Assignment of Rights Requirements

A written request for recordal of the Assignment in the official form indicating:

Number of the application or RCD registration to be assigned;
Assignor and Assignee including addresses.

Assignment document simply signed by the Assignor and the Assignee – no legalization is required;
Indication must be given of the future representative of the assignee;
Power of Attorney: No power of attorney is required.

Change of Name Requirements

A written request indicating:

Number of the application or RCD registration;
Name and address of applicant;
New name.

A copy of the Register of Companies showing the change of name, or an Affidavit;
Power of Attorney: No power of attorney is required.

Change of Address Requirements

A written request indicating:

Number of the application or RCD registration;
Name and address of applicant;
New address.

Name and address of the Applicant and indication of the legal form;

Power of Attorney: No power of attorney is required.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.

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PRACTICE AREAS

Albania IP Requirements

Trademarks

Patents

Industrial Designs

Conventions

Trademarks

Filing the Application – Requirements

Registration Procedure

Duration

Recording changes in the Register

Patents

Filing a Conventional Application – Requirements

Filing a National Phase of PCT Application – Requirements

The filing time limits for a National phase of PCT Application

Registration Procedure

Validation of the European Patent – requirements

Duration

Recording changes in the Register

Industrial Design

Filing the Application – Requirements

Registration Procedure

Duration

Recording changes in the Register

Bosnia and Herzegovina IP Requirements

Trademarks

Patents

Industrial Designs

Conventions

Trademarks

Filing the Application – Requirements

Registration Procedure

Opposition

Duration

Recording changes in the Register

Patents

Filing a Conventional Application – Requirements

Filing a National Phase of PCT Application – Requirements

Time limits for filing a National phase of PCT Application

Registration Procedure

Duration

Validation of the European Patent – requirements: Bosnia and Herzegovina is an extension state of EPO

Time limits for filing the Application for validation of the European Patent

Recording changes in the Register

Industrial Design

Filing the Application – Requirements

Registration Procedure

Duration

Recording changes in the Register

Bulgaria IP Requirements

Trademarks

Patents

Industrial Designs

Conventions

Trademarks

Filing the Application – Requirements

Registration Procedure

Opposition

Duration

Recording changes in the Register

Patents

Filing a Conventional Application – Requirements

Filing a National Phase of PCT Application – Requirements

Time limits for filing a National phase of PCT Application

European Patent

Registration Procedure

Duration

Recording changes in the Register

Industrial Design

Filing the Application – Requirements

Registration Procedure

Duration

Recording changes in the Register

Croatia IP Requirements

Trademarks

Patents

Industrial Designs

Conventions