Trademark protection arises through
Registration with a Serbian IP Office / International registration in WIPO (designating Serbia).
TerraLex Cross-Border Guide to Cross-Border Trademark Guide
Welcome to the TerraLex cross-border trademark guide
Utilizing the TerraLex Cross-Border Trademark Guide, you can now compare trademark regulation across jurisdictions as well as connect with practitioners.
How to Use: You can use the tools below to create bespoke reports for the jurisdiction(s) and topic(s) covered. Click into single jurisdiction for one location or use the compare tool to compare multiple jurisdictions. Select the jurisdictions and topics of interest to create your unique report. You also have the option to print or download using the ellipsis button in the top right corner.
Serbia Cross-Border Trademark Guide Guide
- Firms:
- Gecić Law (Serbia)
- Authors:
- Vera Davidović
- Date posted:
- 13/10/2022
- Last update:
- 01/05/2025
Generalities
1.1. Simple effective use in commerce?
No.
1.2. Registration?
Yes.
1.3. Cautionary notice?
No.
1.4. Intensive use (notoriety)?
Yes.
1.5. Public recognition?
No.
1.6. Well-known character?
A well-known trademark is one that has gained a high degree of recognition among the relevant public, even if it is not registered in Serbia. This concept is consistent with Article 6bis of the Paris Convention for the Protection of Industrial Property, to which Serbia is a party, and also reflected in Serbian national legislation—primarily the Law on Trademarks.
The Serbian Intellectual Property Office (IPO) does recognise well-known trademarks, but it does not maintain a formal registry of well-known marks. Instead, the status of a trademark as “well-known” is acknowledged on a case-by-case basis, typically in the context of:
- Opposition proceedings against new trademark applications;
- Invalidation or cancellation proceedings; and
- Court actions (infringement or unfair competition claims).
1.7. Other (if yes, please specify)?
N/A
Registrable types of mark
See below
2.1. Individual mark?
Yes.
2.2. Collective mark?
Yes.
2.3. Certification mark?
Yes.
2.4. Well-known mark?
The Serbian Intellectual Property Office (IPO) recognises well-known trademarks but does not maintain a formal registry of well-known marks. Instead, the status of a trademark as “well-known” is acknowledged on a case-by-case basis, typically in the context of:
-
Opposition proceedings against new trademark applications;
-
Invalidation or cancellation proceedings; and
-
Court actions (infringement or, rarely, unfair competition claims).
2.5. Other (if yes, please specify)?
N/A
Registrable forms of mark
See below
3.1. Word mark?
Yes.
3.2. Figurative mark with word elements?
Yes.
3.3. Figurative mark?
Yes.
3.4. Shape mark?
Yes.
3.5. Shape mark with word elements?
Yes.
3.6. Position mark?
Yes.
3.7. Pattern mark?
Yes.
3.8. Color (single) mark?
While legally possible, the registration of a single color has traditionally been extremely challenging, and recent practice by the Serbian IPO suggests that such registrations have become virtually unattainable in practice.
3.9. Color (combination) mark?
Yes.
3.10. Sound mark?
Yes.
3.11. Motion mark?
Yes.
3.12. Multimedia mark?
Yes.
3.13. Hologram mark?
Yes.
3.14. Other (if yes, please specify)?
N/A
Possibility of claiming a foreign priority
Yes.
4.1. If yes, what is the time limit (months from date of…)?
Six months from the date of filling the application in the foreign country.
Classification of goods and services
See below
5.1. Nice classification adopted (if yes, indicate applicable version)?
5.2. Local subclass system?
No.
Possible claims against new application
See below
6.1. Opposition proceedings implemented in trademark law?
Yes.
6.1.1. If yes, is the basis for opposition a prior registered trademark?
Yes.
6.1.2. If yes, is the basis for opposition a prior pending trademark application?
Yes, a prior pending trademark application in Serbia can serve as a valid basis for opposition to a newer trademark application.
Under the Serbian Law on Trademarks, specifically Article 38 and related provisions, an opposition can be filed against a published trademark application based on several grounds, including earlier pending applications. An earlier-filed but not yet registered trademark application can be used in opposition if it was filed before the opposed application and concerns identical or similar goods/services.
6.1.3. If yes, is the basis for opposition a non-registered trademark in use?
No.
6.1.4. If yes, is the basis for opposition a non-registered notorious/famous mark?
Yes.
6.1.5. If yes, is the basis for opposition a prior company name/trade name?
No.
6.1.6. If yes, is the basis for opposition absolute grounds?
Yes.
6.1.7. Other (if yes, please specify)?
Yes, prior pending trademark application, but only in the case when it is later accepted.
Observations from third parties? (If yes, indicate the basis for such observations.)
Yes.
7.1. Prior registered mark?
Yes.
7.2. Prior pending trademark application?
No.
7.3. Prior non-registered trademark in use?
No.
7.4. Prior non-registered notorious/famous mark?
No.
7.5. Prior company/trade name?
Yes.
7.6. Absolute grounds?
Yes.
7.7. Other (if yes, please specify)?
N/A
Mandatory formalities preliminary to filing application?
No.
8.1. Similarity search
No.
8.1.1. If yes, what is the time frame (weeks/months) and approximate cost?
N/A
8.2. Others?
No.
8.2.1. If yes, what is the time frame (weeks/months) and approximate cost?
N/A
Specification of goods and services
Class system
See below
9.1. Single class system?
No.
9.2. Multiclass system?
Yes.
9.2.1. Separate applications for goods and services mandatory?
No.
Possible restrictions on goods/services (e.g. alcoholic beverages, retail services, etc. not allowed, or only class headings eligible, etc.)
No.
10.1. If yes, please specify.
N/A
Special claims/regulations
See below
11.1. Claim of previous use possible?
No.
11.1.1. If yes, is proof required (affidavit, use specimens, etc.)?
N/A
11.1.2. If yes, through which kinds of proceedings can the proof of use be requested (opposition, cancelation, renewal proceedings, etc.)?
N/A
11.2. Disclaimer
Yes.
11.3. Previous registration in country of origin required
No.
11.4. Changes in the mark appearance during the application proceedings possible
No.
11.5. Restrictions regarding trademark owner (e.g. trademark protection not eligible for owner from particular countries).
No.
11.5.1. If yes, please specify.
N/A
11.6. Is there any legal term from which the trademark must be used in order to avoid a possible cancellation?
Yes.
11.6.1. If yes, please specify.
At the request of the interested person , the competent authority may issue a decision on cancellation of the trademark in whole or only for some goods or services, if the trademark holder or person authorized by the holder did not use the trademark on domestic market, without a justified reason and for an uninterrupted period of five years, starting from the day of registration of the trademark, i.e., from the day when the trademark was last used.
11.7. Other (if yes, please specify)
N/A
Filing documents required (please indicate whether notarization, apostille, legalization, and/or scanned copies are permitted)
See below
12.1. Power of attorney
Yes.
12.2. Evidence of pre-registration in country of origin
Yes.
12.3. Priority documents (if priority claimed)
Yes.
12.4. Other (if yes, please specify)
N/A
Late filing of documents
See below
13.1. Is late filing of documents permitted?
No.
13.1.1. If yes, please indicate the time limit (days/months from....).
N/A
13.2. Official late filing fee due?
No.
Means for representation of the mark (for instance JPEG with XY pixels)
See below
14.1. Figurative mark with word elements
Any means.
14.2. Figurative mark
Any means.
14.3. Shape mark
Any means.
14.4. Shape mark with word elements
Any means.
14.5. Position mark
Any means.
14.6. Pattern mark
Any means.
14.7. Color (single) mark
Any means.
14.8. Color (combination) mark
Any means.
14.9. Sound mark
Any means.
14.10. Motion mark
Any means.
14.11. Multimedia mark
Any means.
14.12. Hologram mark
Any means.
Local legal representatives for foreign applicants
See below
15.1. Are local legal representatives mandatory for foreign applicants?
Yes.
15.2. Possibility of having representatives domiciled in another country?
No.
15.2.1. If yes, please specify the countries.
N/A
Examination
See below
16.1. Is there formal examination?
Yes.
16.1.1. If yes, does the formal examination take place prior to the publication of the application?
Yes.
16.2. Is there examination on absolute grounds?
Yes.
16.3. Is there examination on relative grounds?
Yes.
16.4. Can relative grounds be objected by the Trademark Office or only by the prior rights' owners?
Yes.
16.5. Are letters of consent admissible to overcome ex-officio citations of prior marks?
Yes.
16.5.1. If yes, is notarization or legalization required?
Notarization and legalization are not required.
16.6. Is there an examination timeframe if no official objections are raised?
No.
Publication
See below
17.1. Publication before registration?
Yes.
17.2. Publication after registration?
Yes.
17.3. Publication in trademark Gazette?
Yes.
17.4. Publication in local newspapers?
No.
17.5. Official publication fee due?
No.
Registration
See below
18.1. Certificate of Registration in paper form?
Yes.
18.2. Certificate of Registration in electronic form?
Yes.
18.3. Term of protection of the mark? Please include term details
Yes, ten years.
18.3.1. As from priority date?
No.
18.3.2. As from filing date?
Yes.
18.3.3. As from registration date?
No.
18.3.4. As from actual registration date?
No.
18.3.5. As from date of issuance of Certificate of Registration?
No.
18.3.6. Other (if yes, please specify)
N/A
18.4. End of grace period of use? Please include term details
No.
18.4.1. As from official registration date?
No.
18.4.2. As from actual registration date?
No.
18.4.3. As from end of opposition deadline?
No.
18.4.4. As from conclusion of opposition proceedings (if any)?
No.
18.4.5. Other (if yes, please specify)
N/A
18.5. How long can we expect a decision on the application by BPTO?
Three months, if no objections are raised.
Official fees due at the time
See below
19.1. Filing
Yes.
19.2. Publication
No.
19.3. Registration
Yes.
19.4. Other (if yes, please specify)
N/A
19.5. Link to the official website of the Trademark Office where the fees are accessible and updated.
Renewal
Documents required (please indicate whether notarization, apostille, legalization, and/or scanned copies are permitted)
See below
20.1. Power of attorney
Yes.
20.2. Original registration certificate
No.
20.3. Affidavit of use
No.
20.4. Evidence of use
No.
20.5. Others (if yes, please specify)
N/A
Is the late filing of documents admissible? If yes, please indicate the time limit.
Yes, six months.
21.1. Official late filing fee due?
Yes.
Is there a renewal grace period provided for by law? If yes, please indicate the timing.
No.
Special maintenance requirements
See below
23.1. First declaration of use?
No.
23.2. Time to file?
No.
23.3. Extensions permitted?
No.
23.3.1. If yes, please indicate the number allowed (as the maximum accepted)
N/A
23.4. Documents required (affidavit/declaration, notarized/legalized, evidence of use, subject to official fees)?
No.
23.5. Second declaration of use? If other, please specify.
No.
23.6. Time to file?
No.
23.7. Extensions permitted?
No.
23.7.1. If yes, please indicate the number allowed (as the maximum accepted).
N/A
23.8. Documents required (affidavit/declaration, notarized/legalized, evidence of use, subject to official fees)?
No.
Recording of changes/limitation
See below
24.1 Limitations of lists of goods/services?
Yes.
24.1.1. Possible at any stage or only after registration?
Yes.
24.1.2. Official fees due?
Yes.
24.2. Change in name or address of owner?
Yes.
24.2.1. Possible at any stage or only after registration?
Yes.
24.2.2. Documents required (original or scanned)?
Yes, power of attorney if proxy submits the request.
24.2.3. Official fees due?
Yes.
24.3. Change in ownership?
Yes.
24.3.1. Possible at any stage or only after registration?
Yes.
24.3.2. Documents required (original or scanned)?
Yes.
24.3.3. Official fees due?
Yes.
24.4. Change of representative?
Yes.
24.4.1. Possible at any stage or only after registration?
Yes.
24.4.2. Documents required (original or scanned)?
Yes, power of attorney in original format.
24.4.3. Official fees due?
No.
Link to the official website of the Trademark Office where the official fees are accessible and updated.
Disclaimer: This guide contains summaries of general principles of law. It is not a substitute for specific legal advice and should not be relied upon in relation to the application of the law or subject matter covered.