SERBIA Law and Practice Contributed by: Djordje Lukic and Katarina Kostic, Popović, Popović & Partners
infringement proceedings. Some issues are resolved in the collective organisation. 3.10 Related Rights Copyright work may also be protected by trade mark, provided it fulfils the conditions for protection. The copyright and trade mark regimes are independent and may coexist.
The official filing fee is EUR134 for up to three class - es, EUR28 for each additional class and EUR28 for a figurative element. Official fees are subject to change once a year. The official registration fee is EUR380, which encompasses ten-year maintenance, publica - tion and certification. All natural or legal persons can register a trade mark. Foreign applicants have to be represented by a local attorney or a registered trade mark agent. 4.5 Use in Commerce Prior to Registration Use of the mark in commerce before registration is not required. However, there is a general obligation to use a trade mark; otherwise, it may be removed from the register, in whole or in part, for certain goods/services. 4.6 Consideration of Prior Rights in Registration The Serbian IP Office examines the application on absolute and relative grounds. Examination of prior rights mostly covers: • earlier identical/similar trade marks for identical/ similar goods/services; • well-known and famous trade marks; • earlier copyright or other industrial property rights; and • earlier registered plant variety denominations, or signs that reproduce them in their essential ele - ments, for the same or closely related plant varie - ties. 4.7 Revocation, Change, Amendment or Correction of an Application After filing an application, it may only be amended by limiting goods/services. It is not possible to sig - nificantly change the appearance of the sign – ie, its distinctive character. The applicant may request cor - rection of obvious errors in the application. 4.8 Dividing a Trade Mark Application A trade mark application may be divided into two or more separate applications before being entered into the Trademark Register. Each divisional applica - tion retains the filing date and any priority of the ini - tial application. Division is not permitted during the period for filing an opposition. An application can -
4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration
A trade mark right is acquired solely by registration, with the exception of well-known marks. Unregistered sign protection may rely on unfair competition regu - lations. Trade mark owners obtain benefits through customs and market inspection measures that are not available for unregistered rights. 4.2 Trade Mark Register Serbia has a single, publicly available Trademarks Register. A prior trade mark search is not mandatory. The IP Office may conduct searches of national and international databases. The results are informative only and concern identical or potentially similar earlier marks. 4.3 Term of Registration The trade mark registration process, if it goes smooth - ly, takes up to six months (longer if objections or oppo - sitions have been raised; generally up to two years). Renewal must be filed for after ten years, or within six months thereafter with a 50% penalty fee. After that, the trade mark expires but it can be revived by filing a new application. 4.4 Application Requirements Trade mark protection is obtained by filing an appli - cation with the IP Office. Multi-class applications are allowed. The application has to contain a request for registration, the sign, a list of goods/services, appli - cant details, power of attorney for foreign applicants and proof of payment of prescribed official fees; the latter two may be filed belatedly.
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