Bosnia & Herzegovina – Draft of the new TM law

January 21, 2026

– Introduction of non-traditional TMs to Bosnia
– IPO’s Decisions becoming final (excluding the option of an appeal)
– Relative grounds for opposition proceedings now including applications filed by a (legal) representative or distributor (due to this happening often in practice)

The current law in Bosnia & Herzegovina is from 2010, since, the country has worked hard to join WTO & TRIPS as well as the EU – this and other IP law drafts are part of the harmonization process.

The changes proposed in the TM Draft are:

1. Graphic representation of the trade mark OR an electronic one as long as can be used to differentiate the goods in the market place – making a substantial change to the rule of only graphic representation of a trade mark being acceptable per current law

2. IPO’s Decisions, under current law, can be appealed – however, in practice, this is a process that takes years as the Appeals board is an ad hoc body and issues with member’s participation and compensation were also an added obstacle in the past. Under the proposed law, IPO’s Decision would be final and it would be possible to file a lawsuit before the Administrative Court against them. They hope this approach would also mean more legal certainty.

One of the arguments for this change is that in 95% of the cases the parties ended up arguing before the Administrative Court nonetheless.

Further, same has been already enacted in Croatia & Serbia

3. An added relative ground for filing an opposition is proposed – against an application filed by representatives or local distributors. This proposal is based on practice and would be most welcome

4. Absolut grounds for rejecting an application now contain – cultural importance or symbolic value (e.g. The bridge in Mostar)

5. This draft further introduces the option of opposition pause – lasting anywhere from 2 to 24 months, in order for a peaceful solution to be reached

6. Many clarifications and more detailed attention is given to IR filings, assignments, licenses and trade mark annulment:

For cases of oppositions against an IR, if the foreign TM owner does not decide on a local representative, their application will be considered withdrawn for the territory of BA
Trade mark owner can forbid comparative advertising & transit of goods infringing on their trade mark
Assignments can refer to registrations but also to trade mark applications
If the annulment is filed due to relative reasons, the IPO will pause the process and have the Court rule on similarity first

Further changes in IP law, including patent & design laws are expected.

The Trade Mark Draft has been voted on by the Council of Ministers and is now awaiting a vote in the National Assembly, potentially in 2026.