LOCATIONS

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

1. Extract from the Registers of Companies showing the change of name; or
2. Statement from the Secretary of State showing the change of name;
3. 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:

1. Extract from the Registers of Companies showing the change of address; or
2. 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;

1. 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.