February 29, 2024
All jurisdictions are a multi-class, following the Nice classification system
Official fees are paid for the first 3 classes and then for each additional class (apart from Albania and Croatia, where the fees are paid per class)
Trade Marks have to be graphically represented in Serbia, Bosnia, Montenegro, N. Macedonia, but not in Slovenia, Croatia, Albania or Kosovo.
All jurisdictions allow for opposition proceedings from 2020, when Serbia included the institution of oppositions , but retained the right to examine the applications on relative grounds for refusal, before publication, after which oppositions can be filed
Term to file an opposition proceeding are – 3 months from publication or 90 days (MK & ME).
In Serbia, disclaimers for a year used as part of the trade mark, are not allowed – the use of the year must be justified.
Protecting a (single) color can be quite demanding, especially in Serbia
Trade marks can be renewed 6 months before the renewal deadline at the earliest, and the grace period is also 6 months long (RS, AL, BA, ME, KS)
Trade marks can be renewed 12 months before the renewal deadline at the earliest, and the grace period is also 6 months long (SI & HR)
In North Macedonia, trade marks can be renewed 1 year before the renewal deadline at the earliest, and the grace period is the longest of all ex-Yugoslavian republics: 9 months (if the renewal is filed in a grace period of up to 4 months the official fee will be increased for 25%, and if a trade mark is renewed in grace period between 4-9 months, the official fee will be 100% increased).
At the time of the TM renewal, the 5 year use period (counted from the registration) has already passed, and unless the mark is being used, we strongly recommend to our clients to re-file rather than renew the mark – as there are multiple benefits.
In Serbia, renewal certificates are not automatically issued – they have to be requested and paid for separately
POAs need to be simply signed (RS, BA & ME), and additionally:
In Slovenia, full name and position of the signatory at the authorizing entity must be noted
In Croatia, POA needs to be signed by the authorized person with mandatory full name, position of the signatory and place of signing
In North Macedonia – position of the signatory must be noted
In Kosovo, full name, date, and place of signing is a necessary part of the POA
In Albania – it is mandatory that POA has a company seal/stamp. In case when the owner is a natural person, the company seal would not be required but the POA would have to be notarized.
Notarization/legalization is not required in any of the jurisdictions.
Although many filings are electronic today, and we therefore use scanned copies, it is still advisable for the local agent to have the POA on file.
