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 12th 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.
