Trademark Registration in Serbia

You should register your trademark in Serbia because rights are granted mainly through registration, as Serbia follows a “first-to-file” system. In practice, this means that the person or company who files first before the office will generally have better and clearer rights than someone who only uses the mark without registering it. Unregistered trademarks are protected only in very exceptional circumstances (for example, well-known marks).

To obtain protection in Serbia, your application must be filed with the **Intellectual Property Office of the Republic of Serbia ZIS. Once registered, your Serbian trademark:

• Grants you exclusive rights to use the mark for the goods/services covered.
• Provides a solid basis to stop infringers and challenge later conflicting filings.
• Can be used as a valuable asset (licensing, franchising, assignment, etc.).

Serbia is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country.

To register a trademark in Serbia, you will generally need:

• Original Power of Attorney, signed. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time for a straightforward trademark application to proceed to registration in Serbia is around 6 months from filing.

This is an approximate timeframe and may vary. The process may take longer if:

• The examiner raises formal or substantive objections (e.g., descriptiveness, conflict with earlier marks).
• There are delays in responding to office actions.
• Third parties file observations or later cancellation actions based on earlier rights.

Once your trademark is registered in Serbia:

• It is protected for 10 years counted from the application date.
• It can then be renewed indefinitely for further periods of ten years each.

The renewal:

• Can be requested up to 6 months before the expiry date.
• Can also be filed during a 6-month grace period after expiration, subject to late renewal fees.

The registration certificate serves as official proof of your rights and can be enforced in administrative and court proceedings against infringers.

Serbia does not have a classic, formal opposition system like some other jurisdictions. However, if a third party files a mark that conflicts with yours, you can:

• File written observations with the Intellectual Property Office of the Republic of Serbia (ZIS), drawing the examiner’s attention to earlier rights and potential grounds for refusal.

These observations:

• Do not constitute a formal opposition, but they may influence the examiner’s decision.
• Are particularly useful when you have earlier registered or well-known rights in Serbia.

After a conflicting mark is registered, third parties may still bring cancellation (invalidation) actions based on prior rights.

A trademark does not need to be in use in Serbia in order to be filed or to register. However, use becomes crucial after registration.

If the mark is not used for an uninterrupted period of five (5) years following registration:

• It becomes vulnerable to cancellation actions for non-use brought by third parties.

To avoid this risk:

• The mark should be used genuinely in Serbia for the goods/services covered.
• Even relatively modest commercial use can often be sufficient, provided it can be proven with evidence (invoices, ads, website screenshots targeting Serbia, etc.).