SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
For example, signs that incite the overthrow of the constitutional order. The fourth requirement is that the sign must not con- tain official quality marks. In addition to absolute grounds, there are also relative grounds. A sign cannot be protected if it is identical to an earlier protected mark for the same type of goods or servic- es, nor if it is identical or similar to an earlier protected mark of another person for the same or similar goods or services, where there is a likelihood of confusion among the relevant public, including the likelihood of association with the earlier mark. Furthermore, a sign cannot be protected if it is identi- cal or similar to a well-known mark in the Republic of Serbia, or to a famous trade mark, regardless of the type of goods or services, if its use would unfairly take advantage of the reputation of the famous mark or harm its distinctive character or reputation. Protec- tion is also excluded for signs that infringe copyright or other industrial property rights. A sign containing a personal name or likeness may be protected only with the written consent of that person, or, in the case of a deceased person, with the consent of their parents, spouse, and children. For historical or other prominent figures, approval from the competent authority is also required, along with the consent of the spouse and relatives up to the third degree. An earlier protected mark is considered to be a mark registered for the territory of the Republic of Serbia, as well as a mark that is the subject of an applica- tion, provided that it is eventually registered. In such cases, protection of a later sign may be granted with the express written consent of the holder of the earlier right. When assessing whether a mark is well-known or famous, account is taken of its degree of recognition within the relevant public, which includes actual and potential consumers of the goods or services, as well as persons involved in their distribution channels,
including recognition acquired through the promotion of the sign. 2.3 Trade Mark Registration System Trade mark registration is important because it grants the holder the exclusive right to use a particular sign to designate their goods or services, thereby ena- bling them to prohibit others from using the same or a similar sign for similar goods or services. It also increases the value of a company through the pro- tection of intellectual property and helps avoid legal disputes and potential financial losses resulting from unauthorised use of the brand. Without registration, a sign is exposed to the risk of imitation and damage to its reputation. The registration procedure in Serbia is conducted by the Intellectual Property Office of the Republic of Ser- bia and begins with the filing of a proper application containing a request for trade mark registration, a rep- resentation of the sign, a list of goods and/or services, and the applicant’s details. It is recommended that this step be entrusted to a professional. This is fol- lowed by the payment of the applicable fees, depend- ing on the number of classes. The Office then carries out a formal examination of the application to verify compliance with basic require- ments, followed by a substantive examination to determine whether there are grounds for refusal, such as similarity to previously registered trade marks or failure to meet statutory criteria. If the requirements are satisfied, the application is published in the offi- cial gazette, triggering a three-month period during which third parties may file oppositions. If no opposi- tions are filed, or if they are rejected, the trade mark is registered, entered into the register, and the relevant certificate is issued, after which the granted right is published. In practice, the entire procedure takes from several months up to about one year, depending on the com- plexity of the case and any oppositions that may arise. 2.4 Term, Use and Maintenance Trade mark protection in the Republic of Serbia lasts for ten years from the date of filing the application with the Intellectual Property Office, with this period
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