Trademark Oppositions in Serbia

Cancellations in national trademark registration procedure in Serbia

A trademark is any sign that can be represented graphically and capable of distinguishing goods or services.

After filing the trademark application, there is an examination step in which the examiners from the Patent and Trademark Office checks the proposed description of goods and/or services associated with the given mark and decides whether it can be registered or not.

Please note that, in Serbia, trademark oppositions are not available.

The alternatives that an opponent can use are the cancellation or invalidation.

The cancellation or any equivalent procedure should be based on relative and absolute grounds, on non-use, conflicting copyright or design rights; rights under Art. 6 bis of the Paris Convention or notorious or well-known mark; rights under Art. 6 septies of the Paris Convention; rights under Art. 6 ter of the Paris Convention or the equivalent thereto (Prohibitions concerning State Emblems, Official Hallmarks, and Emblems of Intergovernmental Organizations); offenses against public policy or principles of morality; if a mark contains official marks or hallmarks of quality control or warranty, or imitations thereof; if a mark comprising likeness or name of a person/historical person has been registered without prior consent of that person, relatives or the competent authority.

A trademark can be canceled at any time during the term of protection, either ex officio or at the request of an interested party. The exception is cancellation based on relative grounds, where cancellation may be requested only by the holder of the prior right or a person authorized by him, unless he knew, for the period of five years preceding the submission of the cancellation action, of the use of a latter trademark whose holder acted in good faith, and did not object to it.

In case of non-use grounds, the term to begin the procedure is five years after the registration date or the date of last serious use of the trademark.

If you are facing oppositions in national trademark registration procedure in Serbia, please contact us at office@trademark-oppositions.com.