Before explaining how trademark protection works, it is important to understand what a trademark actually is, what its purpose is, and how it differs from other forms of protection.
A trademark is a type of intellectual property that protects a sign used in commerce to distinguish the goods or services of one company from those of another. Such a sign may consist of a word, logo, drawing, shape, combination of colors, or any other visual element by which your brand is recognized. It is also possible to protect a brand name as a trademark.
Brand protection in Serbia through trademark registration is one of the most important steps in building recognizability and ensuring legal certainty for your business. This can be clearly seen through well-known examples such as the famous Nike “swoosh,” the Apple logo, or the Coca-Cola script.
In the rest of this article, we will answer the most common questions we receive as trademark lawyers in Serbia, including:
- How to protect a trademark?
- How to protect a logo?
- How much does a trademark cost?
- What is the procedure for trademark protection?
- How to protect a brand name?
- How long does trademark protection last?
—all with the goal of helping you learn how to protect one of the most valuable business assets your company owns.
What types of trademarks are covered by trademark protection?
According to the Trademark Law of the Republic of Serbia, trademark protection can be obtained for three basic types of trademarks:
- Individual trademark
- Collective trademark
- Certification (guarantee) trademark
An individual trademark is a legally protected sign used in commerce by the trademark owner.
A collective trademark represents a specific form of association of producers or service providers, and it may be used by entities that are members of that association.
A certification (guarantee) trademark serves as a guarantee of quality, material, correctness, or similar characteristics, and it can be used by multiple parties under the supervision of the trademark holder.
How is a trademark registered in Serbia?
Trademark registration is the first and most important step to ensure protection of your company’s brand in Serbia. Through this process, entrepreneurs and companies secure protection of their brand name and the exclusive right to use their sign on the market.
The process of trademark protection in Serbia involves the following steps:
Checking for Existing Similar Trademarks Before Registration
The first step in the trademark registration process is to check whether your sign or a similar sign already exists in the register, in order to avoid rejection of your application.
You can do this in one of two ways:
- by independently searching trademark databases (the E-register and Romarin), or
- by submitting a request for a trademark search to the Intellectual Property Office.
This step ensures that your brand protection will be effective.
Filing a Trademark Application
After the preliminary check, the next step is formally submitting the application, which includes:
- The request for trademark registration
- The sign to be protected – this is where you submit the word, logo, drawing, or combination of elements you wish to trademark
- The list of goods and services – classified according to the Nice Classification. Selecting the appropriate classes is crucial because the trademark owner acquires the right to use the mark only for the registered goods and services. Goods and services are categorized by classes, for example: disinfectants fall under Class 5, paper and cardboard under Class 16, furniture under Class 20, ice cream under Class 30, etc. It is also possible to register a trademark for multiple classes. For instance, if the applicant owns a brand for razors and personal care products, the mark should be registered in: Class 3 (non-medicated cosmetics), Class 8 (electric and non-electric hand tools for personal use, such as razors), and Class 21 (cosmetic utensils, e.g., shaving brushes). This step is essential because once the trademark is registered, the owner has the exclusive right to use the mark only for the specific goods and services listed in the application.
- Applicant information
With this step, the trademark registration procedure is formally initiated, and you establish the legal basis for protecting your brand.
Payment of Fees – Find Out How Much Trademark Protection Costs in Serbia
The cost of trademark protection in Serbia depends on the type of trademark, the number of classes under the international classification of goods and services, and whether the mark contains figurative elements (such as a logo, colors, or a specific font).
In general, there are two types of fees you must pay:
- the fee for filing a trademark application, and
- the fee for acquiring the trademark right and the first ten years of trademark validity
The application filing fee depends on the type of trademark and ranges from 20,710 RSD (if the mark consists only of a word and is filed for up to three classes – like the example above for a brand of razors and personal care products; for any figurative element such as a drawing, color, or special font, an additional 4,150 RSD is charged) up to 41,370 RSD (for collective trademarks and certification trademarks, for up to three classes; if the mark contains a drawing, special font, or color, an additional 6,210 RSD applies).
The fee for acquiring the trademark and the first 10 years of protection also depends on the type of trademark and ranges from 41,370 RSD (for an individual trademark, for up to three classes; if the mark contains a figurative element, an additional 6,210 RSD applies) up to 51,710 RSD (for collective and certification trademarks, for up to three classes; and again, if the mark contains figurative elements, an additional 6,210 RSD applies).
Therefore, depending on the type of trademark and the number of classes, the total cost of brand protection in Serbia typically ranges between approximately 60,000 and 95,000 RSD for a period of ten years.
How long does trademark protection last in Serbia?
A trademark is acquired on the day it is entered into the Trademark Register, and the protection lasts for 10 years. After the 10-year period expires, the trademark can be renewed.
How is international trademark protection obtained?
Once the steps listed above have been successfully completed, you can be confident that your trademark is protected in Serbia.
If a third party uses your trademark without authorization, such use constitutes trademark infringement. This means that you have the exclusive right to mark your goods and services with that sign and to prohibit others from using the same or similar sign for identical or similar goods and services in Serbia.
However, if you wish to export your product abroad or provide your services outside of Serbia, you will need to obtain international trademark protection. The fastest and simplest way to do so is through the Madrid System.
Using this system, it is possible to secure protection in 109 countries worldwide by submitting a single application and paying one set of international fees.
To whom is the application for international trademark protection submitted?
The Trademark Law provides that, if international protection is sought under the provisions of the Madrid Agreement Concerning the International Registration of Marks, the application is submitted to the Intellectual Property Office of the Republic of Serbia. Before filing this application, it is necessary to already have a registered trademark in Serbia (as explained in the section “How is a trademark registered in Serbia?”). If that is not the case, you must first file — or simultaneously file — a national trademark application in Serbia before submitting your request for international trademark registration.
Who is eligible to register a trademark through the Madrid Protocol?
If the application is submitted through the Intellectual Property Office of Serbia, the Madrid System may be used by: a citizen of the Republic of Serbia, or a person with residence in the territory of the Republic of Serbia, or a legal entity that has a real and effective industrial or commercial establishment in the territory of the Republic of Serbia.
What does the international trademark registration procedure look like?
If the application submitted to the Intellectual Property Office of the Republic of Serbia is complete, and if the information in the international application matches the basic mark, the Office forwards it to the International Bureau of the World Intellectual Property Organization (WIPO).
The International Bureau then conducts only a formal examination, meaning it checks whether the application meets all the requirements set out in the Madrid Protocol.
After that, the Intellectual Property Offices of the designated countries (one or more of the previously mentioned 109 countries) conduct a substantive examination — they assess whether the mark meets the conditions for trademark protection and whether it conflicts with an already registered trademark.
The IP Offices of those countries will notify the applicant whether the mark has been granted protection or refused within 12–18 months.
How Much Does International Trademark Protection Cost?
In the case of international trademark registration, there are two types of fees:
- “Domestic fee” – a fee paid to the Intellectual Property Office of Serbia for filing the international trademark registration request, which amounts to 10,320 RSD.
- “International fee” – a fee paid to the International Bureau of the World Intellectual Property Organization (WIPO). The amount of this fee depends on several factors, including the number of countries in which protection is sought, the number of classes for which the mark is registered, and other criteria.
Trademark Attorney in Serbia
Trademark protection, both nationally and internationally, may seem like a complex procedure, but with an experienced trademark attorney, it doesn’t have to be. Trademark infringement is becoming increasingly common, and when such issues arise, it is certainly safer and more effective to engage an attorney who specializes in trademark violations.
If you have any additional questions regarding the trademark protection procedure, you can contact us via email at: [email protected]
