June 5, 2019 at 12:34 pm
Here are a few details to keep in mind when filing national applications/designations:
So sometimes it may be of enough interest to explore going the national TM route.
The laws additionally offer the option of submitting interested party’s opinion/observation in cases they deem necessary.
However, only the Intellectual Property Office of Republic of Serbia examines the new applications for relative grounds for refusal, as well.
This does not make the submitter a party in the process and IPO will not reply or inform them of their decision.
The surcharge for lateness is usually 50% of the official tax, except in Croatia and Kosovo, where it is 100%.
In Macedonia, it is 25% for the first 4 months after the renewal deadline and 100% for months 5 through 9.
However, sometimes our clients do not understand that the Serbian IPO (again, the only one examining new applications – national and International, on basis of absolute and relative grounds for refusal) will not itself go into limitation of list of goods in services, but will rather reject whole classes even when only one or two points are identical/highly similar. It is local agent’s work to overcome IPO’s Refusal by limiting the list of goods and services whenever possible.
Also, Letters of consent, otherwise commonly used and accepted, cannot overcome rule #4 – identical TMs cannot co-exist.
Happy filings 🙂
UPDATE (February 2020) – Serbia TM Law changed in February 2020 opening way to oppositions – combining the previous approach of ex officio examination for relative grounds for refusal with the opportunity for oppositions.
This means that all applications will still be examined by the IPO ex officio for absolute and relative grounds for refusal and only then published and opposition proceedings made possible.