SERBIA Law and Practice Contributed by: Djordje Lukic and Katarina Kostic, Popović, Popović & Partners
• in case of a collective or certification mark, it has been used contrary to the relevant general act. In case of revocation due to non-use, the trade mark ceases to be valid from the date of filing the request for revocation, while in other revocation cases the trade mark ceases to be valid on the day following the date on which the revocation decision became legally valid and binding. Cancellation may be sought when the trade mark did not meet the statutory registration requirements at the time of its entry in the Register. A cancellation action may be filed at any time. If the holder of an earlier trade mark has knowingly tolerated the use of the later mark for five consecutive years, the right to seek cancellation is lost, unless the application for the later mark was filed in bad faith. There is no statutory revocation or cancellation pro - cedure for copyright in Serbia. 5.2 Legal Grounds for Filing an Opposition or Cancellation The legal grounds for filing an opposition to a trade mark application are the existence of earlier conflict - ing rights. The holder of an earlier trade mark may oppose a sign that: • is identical to their earlier mark for identical goods/ services; • is identical or similar to their earlier mark for identi - cal or similar goods/services where a likelihood of confusion (including association) exists; or • is in conflict with their earlier well-known/famous marks or other earlier IP rights. A company may oppose when an earlier registered firm name (or its substantial part) is identical or similar to the applied sign and relates to identical or similar goods/services. The holder of an earlier trade mark may oppose an application filed by its representative without authorisation. 5.3 Ability to File an Opposition or Revocation/Cancellation An opposition may be filed by the proprietor of an earlier right, trade mark, copyright or other indus -
trial property rights or prior company names. For - eign opponents have to be represented by a Serbian attorney or trade mark agent. The official fee for filing an opposition is EUR208. Attorney’s fees vary from EUR300 to EUR500 (or more), depending on the com - plexity of the case. Revocation proceedings may be initiated by any inter - ested party, whose interest needs to be reasoned and proven. Cancellation proceedings may be initiated by the public prosecutor or an interested party, which is typically the holder of an earlier trade mark who claims that the challenged mark did not meet the statutory registration requirements at the time of registration. If initiated by the earlier right holder, the other party may request that s/he provide evidence of genuine use of the earlier mark in Serbia in the five years preceding the filing of the cancellation request, unless the later mark was applied for in bad faith or there are justified reasons for non-use. The IP Office cannot initiate revocation or cancellation proceedings ex officio. 5.4 Opposition or Revocation/Cancellation Procedure Once an opposition is filed, the IP Office notifies the applicant and prescribes a 60-day period to respond. If no response is filed, the application may be refused. Oppositions are usually resolved based on written submissions, although a hearing may be scheduled. The parties may also reach an amicable settlement and notify the IP Office. Revocation and cancellation proceedings are held exclusively with the IP Office. Copyrights are not sub - ject to revocation or cancellation proceedings. Partial revocation/cancellation is possible for certain goods or services. This is common in cases of non-use. Par - tial cancellation occurs in cases where the reasons for cancellation existed only with respect to goods/ services at the time of registration. 5.5 Legal Remedies Against the Decision of the Trade Mark Office Decisions of the IP Office are final and are not subject to appeal. Against the decision, an administrative dis -
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