SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
running from the filing date rather than the date of registration. Upon expiration of this period, the trade mark holder may renew the protection an unlimited number of times, each time for an additional ten-year period, provided that a renewal request is submitted in due time and the prescribed fee is paid, either by the holder or an authorised person. The renewal request may be filed no earlier than six months before the expiry of the current ten-year period and must be accompanied by payment of the applica- ble fee, the amount of which depends on the number of classes for which the trade mark is registered. Cur- rently, the fee for an individual trade mark amounts to RSD39,780 for up to three classes, while an additional RSD5,970 is payable for each extra class, as well as an additional RSD5,970 if the trade mark includes a graphical or figurative element. If the fee is not paid before the expiry of the registra- tion, the law allows the request to be filed and the fee to be paid within an additional six-month grace period following the expiration date, subject to payment of a surcharge, otherwise, if the holder fails to submit the request and pay the fee within the prescribed dead- lines, the trade mark ceases to be valid by operation of law. 2.5 Trade Mark Rights and Limitations A trade mark prevents other persons from using an identical or similar sign for identical or similar goods or services, thereby avoiding consumer confusion and strengthening the position in relation to competitors, including protection against unfair competition. The trade mark owner has the exclusive right to pro- hibit third parties from unauthorised use of a sign that is identical to its previously registered trade mark for identical goods or services, as well as a sign that is identical or similar to its trade mark for identical or similar goods or services, where such identity or similarity creates a likelihood of confusion among the relevant public, including the possibility of associa- tion between the sign and the earlier registered trade mark. Furthermore, the trade mark owner has the right to prohibit the affixing of the protected sign to goods,
packaging, or means used for labelling goods such as labels and stickers, as well as the offering, placing on the market, or storing of goods or services under such a sign. Finally, a trade mark also has independent econom- ic value as an intellectual property right that can be monetised. It may be subject to pledge, contributed as a non-monetary contribution to a company, sold, licensed, or used in other ways that generate eco- nomic benefit, thereby making it a significant business asset. 2.6 Trade Mark Enforcement and Remedies The Trademark Law of the Republic of Serbia protects the rights of the trade mark holder by enabling them to file a lawsuit before the competent court against any unauthorised use of a sign that is identical to their previously registered trade mark in relation to goods or services for which the trade mark is registered. Protection also extends to similar signs if there is a likelihood that such similarity or identity may cause confusion among the relevant segment of the public. Through such a lawsuit, the claimant may request a declaration of infringement, cessation of the infringe- ment, seizure, removal from circulation, destruction, or alteration of the infringing goods, as well as of the tools and equipment used for their production, where necessary for the protection of rights. The claimant may also request compensation for damages, pub- lication of the judgment at the defendant’s expense, and disclosure of information about third parties involved in the infringement. Damages are determined in accordance with the gen- eral principles of tort liability under the Law on Obli- gations of the Republic of Serbia. A lawsuit may be filed within three years from the moment the rights holder became aware of the infringement, while in any case the right to judicial protection becomes time- barred after five years from the date the infringement occurred. The court proceedings are governed by the general rules of civil procedure law.
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