The short answer
A trademark in Bosnia and Herzegovina is valid for 10 years from the filing date and can be extended an indefinite number of times. After publication, any interested person has 3 months to file an opposition. Paris and WTO priority runs for 6 months. A mark can be terminated for non-use on request of an interested person. A foreign applicant must use a representative entered in the Register of Representatives.
Trademark deadlines in Bosnia and Herzegovina at a glance
These rules come from the Law on Trademarks of Bosnia and Herzegovina (2010), in the English text on WIPO Lex. The renewal window and the late period are set in the implementing regulation, not in the Law, so we confirm them and the fees with the Institute before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the filing date, extendable an indefinite number of times (Article 53). |
| Which date does the term count from? | The filing date of the application. The trademark is acquired by entry in the Register and is valid from the filing date (Article 53(1) and (2)). |
| When can I renew? | Validity is extended on payment of the fee and procedural charges. The content of the renewal request and the time limits are regulated by the implementing regulation, so we diarise from the filing anniversary and file well before it (Article 53(2) and (3)). |
| Is there a grace period? | The Law itself does not set the late period. It is in the implementing regulation, and practitioners report about 6 months after expiry, so we confirm the current rule and never rely on a late period. |
| Opposition period | Upon publication of the application, any interested person can file a written opposition within 3 months from the publication, explaining why the sign does not meet the conditions of Article 7. The period cannot be extended, and the applicant is invited to respond (Article 35 and the opposition procedure). |
| Reply to an office action | The applicant answers an opposition within the time set by the Institute. If the applicant does not answer, the application is refused within the limits of the opposition. If the applicant states that the opponent has not used its earlier mark, the opponent must prove use of the earlier mark for the last five years, or justified reasons (the opposition procedure article). |
| Priority claim | A person who filed a correct application in a Paris Union or WTO member state has a right of priority if the application is filed in Bosnia and Herzegovina within 6 months of that filing. The priority certificate follows within 3 months (Union Priority Right article). |
| Non-use | The holder must use the mark (Article 54). If it is not used without due cause, any interested person can start termination proceedings for non-use, on payment of the fee and charges. The Law refers to an uninterrupted period of five years of non-use in those provisions. |
| Assignment | A trademark or the rights from an application can be transferred by contract or on a change of status. The transfer is entered in the Register, published in the official gazette, and cannot be entered if it would obviously create confusion (the transfer of rights articles). |
Who can register a trademark in Bosnia and Herzegovina
Individuals and companies can apply. A foreign applicant must use a registered representative. The right is acquired by entry in the Register of Trademarks (Articles 12 and 53).
Representation. A foreign natural or legal person must be represented before the Institute by a representative entered in the Register of Representatives. A domestic person can also act by itself (Article 12(2)).
Trademark registration process in Bosnia and Herzegovina
Search
- Search the the Institute for Intellectual Property of Bosnia and Herzegovina records for identical or similar marks in your classes.
File the application
- File with the the Institute for Intellectual Property of Bosnia and Herzegovina, through your Bosnian trademark representative.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After examination, the application is published and any interested person can oppose within 3 months (Article 35).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Institute for Intellectual Property of Bosnia and Herzegovina and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Bosnia and Herzegovina trademark validity and renewal
- The term is 10 years from the filing date.
- Extend validity on payment of the fee. Time limits are in the regulation.
- Do not rely on a late period.
- Use the mark in Bosnia and Herzegovina to avoid termination for non-use.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Bosnian trademark
Transfer
Change of ownership
Entered in the Register and published in the gazette (transfer articles).
Licence
Licensing the mark
Licences, franchises and pledges are entered in the Register and published.
Division
Several goods
A registered trademark can be divided (Article 55).
Collective and guarantee marks
Associations and certifiers
These marks cannot be the subject of a transfer of rights.
Non-use and cancellation of a Bosnian trademark
The Law provides for termination for non-use on request of an interested person (Article 54 and the termination procedure), and for the declaration of a trademark null. We confirm the current procedure and fees before filing.
Keep dated proof of use in Bosnia and Herzegovina: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Bosnia and Herzegovina
Search the trademark register of the Institute and its official gazette. The 3-month opposition period runs from publication.
Sources used
- Law on Trademarks of Bosnia and Herzegovina (2010), English text on WIPO Lex: Articles 12, 35, 53, 54, 55 and the priority, opposition and transfer articles.
- Institute for Intellectual Property of Bosnia and Herzegovina for the implementing regulation, forms and fees.
Bosnia and Herzegovina trademark FAQ
How long does a trademark last in Bosnia and Herzegovina, and from when?
10 years from the filing date, extendable an indefinite number of times (Article 53). It counts from the filing date (Article 53).
When should I renew a Bosnian trademark, and is there a grace period?
Validity is extended on payment of the fee and procedural charges. The content of the renewal request and the time limits are regulated by the implementing regulation, so we diarise from the filing anniversary and file well before it (Article 53(2) and (3)).
What is the opposition period in Bosnia and Herzegovina?
Upon publication of the application, any interested person can file a written opposition within 3 months from the publication, explaining why the sign does not meet the conditions of Article 7. The period cannot be extended, and the applicant is invited to respond (Article 35 and the opposition procedure).
How much does it cost to register a trademark in Bosnia and Herzegovina?
The official fee is set by the the Institute for Intellectual Property of Bosnia and Herzegovina and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Bosnia and Herzegovina?
Yes, but a foreign applicant must be represented by a representative entered in the Register of Representatives (Article 12(2)). We arrange this.
Can I assign a Bosnian trademark?
A trademark or the rights from an application can be transferred by contract or on a change of status. The transfer is entered in the Register, published in the official gazette, and cannot be entered if it would obviously create confusion (the transfer of rights articles).
Can a Bosnian trademark be cancelled for non-use?
The holder must use the mark (Article 54). If it is not used without due cause, any interested person can start termination proceedings for non-use, on payment of the fee and charges. The Law refers to an uninterrupted period of five years of non-use in those provisions.
How can I check the status of a Bosnian trademark?
Use the the Institute for Intellectual Property of Bosnia and Herzegovina register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
A person who filed a correct application in a Paris Union or WTO member state has a right of priority if the application is filed in Bosnia and Herzegovina within 6 months of that filing. The priority certificate follows within 3 months (Union Priority Right article).
How do I change the owner's name or address?
Record the change with the the Institute for Intellectual Property of Bosnia and Herzegovina so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Bosnia and Herzegovina
SUPREMEiP® files trademarks worldwide through its network and checks every Bosnian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
