Serbia
Serbia is a member of the Paris Convention (since 1992), the Patent Cooperation Treaty (since 1997), the Madrid Agreement (since 1992) and Madrid Protocol (since 1998) for trademarks, and the Hague Agreement (Stockholm Act since 1993, Geneva Act since 2009) for industrial designs. A European patent may also designate Serbia (possible since 1 October 2010). Patents are protected for 20 years, trademarks for 10 years (renewable), and industrial designs for up to 25 years. Filing word-mark applications in the Cyrillic alphabet, alongside the original version, is highly recommended, as Serbian uses the Cyrillic script. The .rs and .срб country code domains are open to individuals and legal entities, with no local presence required (foreign registrants must provide a local administrative contact). This page covers the filing requirements, legal basis, and key deadlines for protecting intellectual property in Serbia.
GENERAL INFORMATION
Area: 88,361 sq. km.
Population: 6.69 million (2023).
Capital: Belgrade.
Language: Serbian.
Currency: Serbian dinar.
GENERAL REMARKS
Serbia is a successor state of the Federal Republic of Yugoslavia, the country which officially changed its name to the Union of Serbia and Montenegro on February 4, 2003, and was then dissolved into two separate countries on June 3, 2006. Industrial property rights registered or applied for registration in former Yugoslavia or in the Union of Serbia and Montenegro were recognized in Serbia without revalidation.
PATENTS OF INVENTION
LEGAL BASIS
- Patent Law, passed on December 26, 2011, in force since January 4, 2012.
- Rules on Contents of Certificates, Applications and Requests in the Procedure for the Protection of Inventions, and on Filing of Applications and Publication of Inventions, published in the Official Gazette “Sluzbeni glasnik RS” No. 78/2019 of November 1, 2019, in force since November 9, 2019.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since April 27, 1992.
- Patent Cooperation Treaty (PCT), since February 1, 1997.
- European Patent Convention – designation of Serbia possible since October 1, 2010.
FILING REQUIREMENTS
- Power of Attorney, no legalization (can be subsequently filed);
- Specification (EPO type) and abstract;
- Drawings, if any, in triplicate;
- Certified copy of the priority application(s) if any;
- The applicant’s Declaration on the legal basis for filing the application in his name (can be filed subsequently).
REMARKS
National Phase of PCT: under Chapter I and Chapter II : 30 months (31 with additional fee).
Validity: issued after a formal and full examination – valid for 20 years.
Annuities: are due for the third and each following year for patent applications and patents counting from the filing date.
Opposition: not provided for.
TRADE AND SERVICE MARKS
LEGAL BASIS
- Trademark Law, passed on January 24, 2020, in force since February 1, 2020.
- Rules on Content of Register of Trademarks, on Content of Requests, Oppositions and Proposals to be Submitted in the Procedure for Acknowledgement and Protection of Trademarks, and on Data, in force since March 29, 2021.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since April 27, 1992.
- Madrid Agreement, Stockholm Act, since April 27, 1992.
- Madrid Protocol, since February 17, 1998
FILING REQUIREMENTS
- Power of Attorney, not legalized (can be subsequently filed);
- A representation of the trademark;
- List of goods and services; grouped according to the International Classification;
- Priority Certificate, if any.
REMARKS
Kinds of protection: verbal, pictorial, three-dimensional and other designations or their combinations. Service marks are registrable. Besides the original version, filing of word mark applications in the Cyrillic alphabet is highly recommended.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period from the registration date may lead to cancellation.
Duration – renewals: 10-year period after the filing date or last renewal date.
Opposition: possible as of February 1, 2020. After the trademark is examined on absolute and relative grounds, it is published in the Official Gazette for opposition purposes. Interested persons may oppose the trademark within three months from publication.
INDUSTRIAL DESIGNS
LEGAL BASIS
- Law on Protection of Industrial Designs, in force since December 24, 2009, as amended on May 22, 2015, effective May 30, 2015.
- Rules on Procedure for Acknowledgement of the Right to Industrial Designs, passed on June 17, 2010, in force since July 3, 2010.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since April 27, 1992.
- Hague Agreement, Stockholm Act, since December 30, 1993, Geneva Act, since December 9, 2009.
FILING REQUIREMENTS
- Power of Attorney, not legalized (can be subsequently filed);
- Applicant’s Declaration;
- Specification of the design without claim, but the novelty has to be pointed out in the specification;
- A representation of the design;
- Priority certificate, if any.
REMARKS
Duration: after formal and complete examination: 25 years from the filing date.
Renewals: payable in 5-year intervals.
Opposition: not provided for. Interested persons can notify the IP Office that the application for a design does not fulfill the legal requirements and submit evidence in support.
DOMAIN NAMES
LEGAL BASIS
- Regulations on launching the rsTLD Register and closing the yuTDL Register, passed on and in force since October 26, 2007.
- Regulations on launching the .срб TDL Register (srb in Cyrillic), passed on and in force since May 28, 2011, amended on December 24, 2011.
- Regulations on the general conditions for registration of national Internet domain names,passed on May 28, 2016, in force since July 12, 2016.
FILING
- ccTLD: .rs and .срб (.srb in Cyrillic)
- Applicant: individuals and legal entities.
- Local presence: not required (foreign registrants must, however, provide a local administrative contact).
REMARKS
Duration – renewals: one to ten years, renewable for like periods.
Uniform dispute resolution procedure: available (variation of UDRP) before the Serbian Chamber of Commerce and Industry.
Frequently Asked Questions — IP Protection in Serbia
What documents are required to register a trademark in Serbia?
To register a trademark in Serbia, the following documents are required: a Power of Attorney (not legalized, can be filed subsequently), a representation of the trademark, a list of goods and services grouped according to the International (Nice) Classification, and a priority certificate if applicable. Trademark registration is governed by the Trademark Law (in force since 1 February 2020). Filing word-mark applications in the Cyrillic alphabet, alongside the original version, is highly recommended.
Can I register a trademark in Serbia through the international Madrid System?
Serbia is a member of the Madrid Agreement (since 1992) and the Madrid Protocol (since 1998), so international registration via WIPO is also possible.
What kinds of trademarks may be registered in Serbia?
In Serbia, trademarks may comprise verbal, pictorial, three-dimensional designations, or any combination thereof. Service marks are registrable. Besides the original version, filing word-mark applications in the Cyrillic alphabet is highly recommended for protection in Serbia.
How long is the trademark opposition period in Serbia?
Opposition has been possible since 1 February 2020. After a trademark is examined on absolute and relative grounds, it is published in the Official Gazette for opposition purposes. Interested persons may oppose the trademark within three months from publication.
How long does trademark protection last in Serbia?
Trademark protection in Serbia lasts for 10 years from the filing date (or the last renewal date) and can be renewed for further periods of ten years indefinitely.
Must a trademark be used in Serbia?
Yes, use of a registered trademark in Serbia is compulsory. Non-use during any five-year period from the registration date may lead to cancellation.
What are the routes for filing a patent in Serbia?
Serbia is a member of the Paris Convention (since 1992) and the Patent Cooperation Treaty (PCT, since 1997). A European patent may also designate Serbia, possible since 1 October 2010. Filing requirements include: a Power of Attorney (no legalization, can be filed subsequently), an EPO-type specification and abstract, drawings in triplicate if any, a certified copy of the priority application if any, and the applicant’s declaration on the legal basis for filing. For PCT national phase entry, the deadline is 30 months (31 months with an additional fee) under both Chapter I and Chapter II. After formal and full examination, the patent is valid for 20 years.
How long is the patent opposition period in Serbia?
Opposition to a patent is not provided for in Serbia. Patent applications undergo formal and full examination at the Intellectual Property Office of the Republic of Serbia.
When are patent annuities due in Serbia?
Patent annuities in Serbia are due for the third year and each following year, counting from the filing date, for both patent applications and granted patents. Timely payment is essential to keep the patent in force throughout its 20-year term. For current deadlines and practitioner guidance, consult Katzarov’s Manual on Industrial Property.
How do I register an industrial design in Serbia?
Industrial designs in Serbia are protected under the Law on Protection of Industrial Designs (in force since 24 December 2009, amended 2015). Filing requires: a Power of Attorney (not legalized, can be filed subsequently), the applicant’s declaration, a specification of the design without claim (with the novelty pointed out), a representation of the design, and a priority certificate if applicable. Serbia is also a member of the Hague Agreement (Stockholm Act since 1993, Geneva Act since 2009), so international design protection via WIPO is available. After formal and complete examination, design protection lasts 25 years from the filing date, with renewals payable in 5-year intervals. Opposition is not provided for, though interested persons may notify the IP Office that an application does not meet the legal requirements.
How do I register a .rs domain name?
Serbia has two country code top-level domains: .rs and .срб (srb in Cyrillic). Both individuals and legal entities can register, and no local presence is required, although foreign registrants must provide a local administrative contact. Registration periods range from 1 to 10 years, renewable for like periods. A variation of the UDRP is available before the Serbian Chamber of Commerce and Industry.
Does the power of attorney need notarization or legalization in Serbia?
In Serbia, the Power of Attorney for trademark, patent, and design filings does not require legalization or notarization, and it can be filed subsequently after the application.
Where can I search the Serbian trademark database?
Serbia’s trademark register is maintained by the Intellectual Property Office of the Republic of Serbia in Belgrade. Effective searching requires knowledge of the Nice Classification, multilingual considerations (Serbian, Cyrillic and Latin scripts), and interpretation of legal status codes. For comprehensive trademark searches and clearance opinions, contact Katzarov’s team.
Where can I search for patents in Serbia?
Patent records in Serbia are maintained by the Intellectual Property Office of the Republic of Serbia. For professional patent searches, contact Katzarov’s team.
What is the contact information for the Intellectual Property Office of the Republic of Serbia?
The Intellectual Property Office of the Republic of Serbia (Zavod za intelektualnu svojinu) is located in Belgrade. Website: zis.gov.rs. For prosecution, search and clearance assistance in Serbia, contact Katzarov’s team.
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