Србија

во изработка

Процедура за регистрација

ТРГОВСКИ МАРКИ

Filing the Application – Requirements

 
  • Name and address of the Applicant
  • Representation of the Mark
  • List of Goods and Services according to Nice Classification 11th Edition (Classes 1-45)
  • Priority date, country and number and the original Priority document which can be submitted subsequently within three months from the Application date along with a certified translation into the local language. This term cannot be extended
  • Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently within 30 days from the date of receipt of the Official Invitation from the Office. This term can be extended several times, up to 6 months

Registration Procedure:

  • The Application is filed with and examined by the Intellectual Property Office
  • The Intellectual Property Office examines absolute grounds for refusal
  • The registration procedure takes approximately six to eight months from the application date (smooth procedure)

Opposition:

  • No opposition can be filed due to the fact that the Trademark Applications are not published in Serbia. However, the observations of the interested parties can be filed with the Office.

Duration:

 
  • Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date
  • Upon payment of renewal fees the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last six months of the previous ten year protection period or up to six months after the expiration date with a fine of 50% of the renewal fees.

Recording changes in the Register:

 
  • Assignment of Rights Requirements:
    • Power of Attorney simply signed by the Assignor
      • Power of Attorney simply signed by the Assignee
      • Assignment document signed by the Assignor and the Assignee. A copy of the Assignment document must be legalized by the Apostille
  • Change of Name Requirements:
    • Power of Attorney indicating the new name, simply signed by a representative of the Company
  • Change of Address Requirements:
    • Power of Attorney indicating the new address, simply signed by a representative of the Company

ПАТЕНТИ

Filing a conventional Application – Requirements:

 
  • Name and address of the Applicant
  • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned by name in the Application
  • Priority date, country and number
  • Description of Patent
  • Patent Claims
  • Drawings (if any)
  • Abstract – summary of the invention
  • Applicant’s statement declaring the basis of its right to file the application
  • Power of Attorney simply signed by the Applicant
  • Priority document
  • The Application is to be filed within one year from the priority date
  • Translation of the description, claims and abstract into the local language, can be filed subsequently

Filing a National Phase of PCT Application – Requirements

 
 
  • PCT application as published
  • International Search report
  • International Preliminary examination report
  • Applicant’s statement declaring the base of its right to file the application
  • Power of Attorney simply signed by the Applicant
  • Translation of description, claims and abstract into local language, can be filed subsequently.

Time limits for filing a National phase of PCT Application

  • The Application is to be filed with the Office within 30 months from the Priority Application date, or within 31 months with a 50% fine.

Registration Procedure:

  • Request for full examination is to be filed within 6 months from the date of receipt of the search report.

Extension of a European Patents in Serbia

  • Serbia became a member of EPO on 1 October 2010. Therefore, European Patents filed after 1 October 2010 automatically designate Serbia. European Patents filed prior to 1 October 2010 could designate Serbia as the extension state
  • In order to have a European Patent validated in Serbia, a translation of the patent's description and claims must to be submitted to the IPO of Serbia within 3 months from publication of the aforementioned granting of the EP. A Power of Attorney simply signed on behalf of the Patentee must be submitted.

Duration:

  • 20 years from the application date for conventional Patents
  • 20 years from the International filing date for the National Phase of PCT patents
  • 20 years from the European filing date for validated European Patents
  • petty patent is valid for 10 years from the application date
  • The protection fees are to be paid annually, prior to or on the anniversary of the filing date or within the following six months with a 50% fine.

Recording changes in the Register:

 
 
  • Assignment of Rights Requirements:
    • Power of Attorney simply signed by the Assignor
      • Power of Attorney simply signed by the Assignee
      • Original assignment document signed by the Assignor and the Assignee or a notarized copy of it
  • Change of Name Requirements:
    • Power of Attorney indicating the new name, simply signed by a representative of the Company
      1. Statement of the Secretary of State showing the change of name
  • Change of Address Requirements:
    • Power of Attorney indicating the new address, simply signed by a representative of the Company

ДИЗАЈН

Filing the Application – Requirements

 
 
  • Name and address of the Applicant
  • Name and address of the author or a declaration that the author chooses not to be mentioned in the application
  • Information regarding the number of external shapes the protection is requested for
  • Full and short title of the industrial design
  • A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of for which product the protection is requested)
  • Description
  • Legal basis for filing the Application (if the Author of the Design is not the Applicant)
  • Power of Attorney simply signed by the Applicant's representative

Registration Procedure:

 
The Industrial Design Applications are examined by the Intellectual Property Office, on both absolute and relative grounds of refusal.  The examination procedure lasts approximately 8-10 months. No opposition procedure is provided for by the Law on Industrial Design. Only an Observation from interested parties can be filed before the PTO.  If the Application meets the prescribed requirements, the Office invites the Applicant to pay the fees for the first five years of protection. From the 6th to 25th year the fees are payable annually.

Duration:

 
25 years from the Application Date

Recording changes in the Register:

 
  •  Assignment of Rights Requirements:
    • Power of Attorney simply signed by the Assignor
    • Power of Attorney simply signed by the Assignee
    • Original assignment document signed by the Assignor and the Assignee or a notarized copy of it.
  •  Change of Name Requirements:
    • Power of Attorney indicating the new name, simply signed by a representative of the Company
  •  Change of Address Requirements:
    • Power of Attorney indicating the new address, simply signed by a representative of the Company