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TRADEMARKS
Term
A trademark is the right that provides protection of the mark which is used to distinguish goods and services of one individual or legal entity from the same or similar goods and services of another person.
Filing the Application (requirements)
- Indication which type of trademark is in question
- The Applicant's name and the address
- At least one reproduction of the trademark (if colored this fact has to be stated and a notice specifying the color or the combination of colors claimed must be filed; reproductions in color of the trademark must be appended to the application)
- The list of goods and services to be protected by the trademark (according to Nice Agreement)
- When claiming priority - priority date, country and number of the priority document (the original Priority document may be submitted subsequently within three months as from the filing date along with translation in Serbian language. This term cannot be extended)
- Rules on use of the collective or guarantee mark - in case of applying for collective or guarantee mark only
- Power of Attorney
- Registration fee
Registration Procedure
The Application is submitted to and examined by the Intellectual Property Registration Office. The Office examines the grounds for recognition the filing date as well as for granting protection to the trademarks. Registration procedure takes up to three years as from the filing date.
Duration
Upon the reception of the registration fees, the trademark is valid for 10 years starting from the filing date. The trademark will be extended for the next 10 years, upon the payment of renewal fees. Renewal fees might be paid during the last six months of previous ten years protection period or six months after the expiration date with 50% fine. Number of renewal periods is unlimited.
Recording changes in the Register
Requirements:
- Indications on the registered trademark (or the application submitted)
- Type and contents of the change (the legal ground documenting the change)
- Power of Attorney
- Registration fee
PATENTS (INVENTIONS)
Term
A patent is the right for protection of the invention, being new technical solution of a problem, having inventive level and applicability. Subjects to patent may be products (including devices, substances, compounds, micro-organisms and cells of animal or plant varieties) or process.
Filling the Conventional Application (requirements)
- The Applicant's name and the address *
- The name and the address of the inventor(s) **
- If declaring priority claim: filing date, designation of the state and the registration number of the application concerned ***
- Description of patent
- Patent claims
- Drawings (if any)
- Abstract
- In the case of microbiological inventions, the proof on filing of the microorganism at the depositary institution according to the Budapest Treaty, is required
- Power of Attorney
- Registration fee
* If the applicant is not the inventor - a statement on the ownership over the invention is required
** If the inventor is not referred to in the application - a waiver in writing that he does not want to be referred as such in the application)
*** The Application is to be filed within one year as from the priority date. Priority document can be submitted subsequently, within 30 days as from the receipt of the official notification.
The document showing the assignment of rights from the Inventor/s to the Applicant can be submitted within 30 days as from the receipt of the official notification.
Translation of description, claims and abstract into Serbian language can be filed subsequently.
National Phase of PCT Application or filing a national Application (requirements)
- The Applicant's name and the address*
- The name and address of the inventor/s **
- Description of patent
- Patent claims
- Drawings (if any)
- Abstract
- Priority date, country and number
- The International Search Report
- The International Preliminary Examination Report
- PCT page - from the International publication
- Power of Attorney
- Registration fee
* If the applicant is not the inventor - a statement on the ownership over the invention is required (The document showing the assignment of rights from the Inventor/s to the Applicant can be submitted within 30 days as from the receipt of the official notification)
** If the inventor is not referred to in the application, a waiver in writing that he does not want to be referred as such in the application
Translation of description, claims and abstract into Serbian language can be filed subsequently.
Time limit for filing of National phase of PCT Application
The applicant shall furnish a copy of the international application and a translation thereof and pay the national fee, to elected Office/s not later than at the expiration of 30 months from the priority date.
Registration Procedure
The international publication of the international application shall be effected promptly after the expiration of 18 months from the priority date of that application.
A request for National examination has to be filed within 30 months as from the priority date for the national phase of PCT Applications or within 6 months as from the publication date for the national applications.
Duration
- The term of the patent is 20 years as from the International filing date for the national phase of PCT patents
- Renewal fees shall be due in respect of the third year and each subsequent year. When a renewal fee has not been paid on or before the due date, it may be validly paid within six months of the said date, provided that the additional fee is paid at the same time.
Recording changes in the Register
Requirements:
- Indications on registered patent (or the application submitted)
- The document proving the change
- Power of Attorney
- Registration fee
(Per example: when changing the ownership - Contract of Assignment must be certified by the Apostil or by public notary; when changing the name - the extract from the Register of the companies showing the change of name or the statement of the Secretary of State showing the change of name are requested).
INDUSTRIAL DESIGN
Term
An industrial design is the ornamental or aesthetic appearance of an article. It may consist of three-dimensional (shape, surface, etc.) or two-dimensional features ( lines , color, patterns, etc.) .
Filing the Application (requirements)
- The Applicant's name and the address
- The Creator's name and the address or a statement that he does not want to be referred as such in the application
- A number of industrial designs included in the application, which may not exceed 100, and the number of reproductions or specimens of the industrial designs amended to the application
- The product or products which constitute the industrial design or in relation to which the industrial design is to be used, with an indication whether the product or products constitute the industrial design or are products in relation to which the industrial design is to be used *
- A full and short title of the industrial design
- Description of an industrial design
- A two-dimensional presentation of the shape being the subject of protection (photograph or a graphic presentation of the product which the protection is requested for)
- Power of Attorney
- Registration fee
* The product or products are preferably identified by using terms appearing in the list of goods of the International Classification.
Registration Procedure
An industrial design application is examined by the Intellectual Property Office. As To be registrable, the design must be new, meaning that no identical or very similar design is known to have existed before. Once a design is registered, a registration certificate is issued.
Duration
The fees for the first five years of protection of the design are paid before registering, with the possibility of further periods of renewal up to 25 years.
Recording changes in the Register
Requirements:
- Indications on the registered industrial design (or the application submitted)
- The document proving the change
- Power of Attorney
- Registration fee
GEOGRAPHCAL INDICATIONS
Term
A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin.
An appellation of origin is a special kind of geographical indication, used on products that have a specific quality that is exclusively or essentially due to the geographical environment in which the products are produced.
Filling the Application (requirements)
Application for setting up the Geographical Indication
- The Applicant's name and the address
- Category of the product to be marked by the geographical indication
- Facts about geographic region (description of region, references to region borders and a geographical map, facts on the quality of soil, climate as well as other relevant indications)
- The elaborate study over production process and the unique characteristics and quality of the product
- Registration fee
Only the person that produces the product within the certain area is entitled to file an application for setting up the geographical indication.
Application for the recognition of the status of authorized user of a Geographical Indication
- The name and the address of the user
- Proof of being registered to conduct the production of the particular product
- An expertise on examination of the product as an evidence on completed control of a product
- Registration fee
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