The short answer
A Serbian trademark (žig) lasts 10 years from the filing date and can be extended an unlimited number of times. File the extension request from 6 months before expiry, or pay within 6 months after expiry with an additional fee. After publication, the owner of an earlier right has 3 months to oppose, and the period cannot be extended. A mark can cease after 5 uninterrupted years of non-use. Foreign applicants must use a registered representative or a Serbian advocate.
Trademark deadlines in Serbia at a glance
These rules come from the Law on Trademarks (Zakon o žigovima, Official Gazette No. 6/2020, in force from 1 February 2020), in the Serbian Latin text on WIPO Lex. The Serbian text is the authoritative one, and we confirm later amendments and fees with the IPO before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the filing date, extendable an unlimited number of times (Article 58). |
| Which date does the term count from? | The date of filing of the application. The mark is acquired by entry in the Trademark Register and is valid from the filing date (Articles 57 and 58). |
| When can I renew? | The request to extend the validity is submitted with the fee no earlier than 6 months before expiry. The IPO notifies the holder of the expiry, but is not responsible if it fails to (Article 58). |
| Is there a grace period? | Yes. If the fee is not paid before expiry, the request can be filed and the fee paid within 6 months immediately after the expiry date, with the prescribed additional fee. Without extension, the mark ceases at the end of the period for which the fee was paid (Articles 58 and 72). |
| Opposition period | Within 3 months from publication of the application, the holder of an earlier right can file an opposition on the grounds in Articles 6 and 7. The time limit cannot be extended. The applicant then has 60 days to respond, and if it does not, the application is refused to the extent of the opposition (Article 34 and the opposition procedure articles). |
| Reply to an office action | The applicant answers an opposition within 60 days of notice. If the applicant asks, the opponent must prove genuine use of its earlier mark in the five years before the application (the opposition examination article). After the opposition ends, the applicant pays the fee for the first 10 years and the publication costs (Article 38). |
| Priority claim | Convention priority is recognised for an application filed in Serbia within 6 months of a regular application in a Paris Union or WTO member country. The request states the date, number and country of the first filing (Article 21). |
| Non-use | The IPO can end a mark, in whole or for some goods or services, at the request of an interested person if the holder or a person authorised by it has not genuinely used it on the domestic market without justified reason for an uninterrupted period of 5 years from registration or last use. The holder must prove use. The mark ceases on the date the request is filed (Articles 82 and 83). |
| Assignment | A mark or the rights from an application can be transferred for all or some of the goods and services. The transfer is entered in the Trademark Register on request and has effect against third parties from entry (Article 63). |
Who can register a trademark in Serbia
Natural and legal persons can apply. Foreign applicants without a domicile or seat in Serbia must use a registered representative or a Serbian advocate. The right is acquired by entry in the Trademark Register (Articles 12 and 57).
Representation. A foreign natural or legal person with no domicile or seat in Serbia must be represented before the IPO by a representative entered in the IPO's Register of Representatives, or by a Serbian advocate (Article 12).
Trademark registration process in Serbia
Search
- Search the the Intellectual Property Office of the Republic of Serbia (IPO Serbia) records for identical or similar marks in your classes.
File the application
- File with the the Intellectual Property Office of the Republic of Serbia (IPO Serbia), through your Serbian IP 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 the formal and substantive checks, the application is published and earlier-right holders can oppose within 3 months (Article 34).
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 Intellectual Property Office of the Republic of Serbia (IPO Serbia) 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.
Serbia trademark validity and renewal
- The term is 10 years from the filing date.
- File the extension request from 6 months before expiry.
- You can pay within 6 months after expiry with an additional fee.
- Use the mark in Serbia to avoid cessation after 5 uninterrupted years.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Serbian trademark
Transfer
Change of ownership
Entered in the Trademark Register on request and effective against third parties from entry (Article 63).
Licence
Licensing the mark
Licences, pledges and franchises can be entered in the Register.
Third-party rights
Pledges and licences
A holder cannot give up the mark without the written consent of a registered third-party right-holder (Article 73).
Partial extension
Fewer goods
If the fee is paid for only some goods, the registration is extended only for those (Article 58).
Non-use and cancellation of a Serbian trademark
Under Articles 82 and 83, the IPO can end a mark for 5 uninterrupted years of non-use at the request of an interested person, with effect from the date of the request. A mark can be declared invalid for the whole period of protection on proposal of an interested person or the public prosecutor (Articles 74 and 75).
Keep dated proof of use in Serbia: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Serbia
Search the Trademark Register and the official gazette of the IPO. The 3-month opposition period runs from publication of the application.
Sources used
- Law on Trademarks (Official Gazette of the Republic of Serbia No. 6/2020), Serbian Latin text on WIPO Lex: Articles 12, 21, 34, 38, 57, 58, 63, 72 to 75, 82 and 83.
- Intellectual Property Office of the Republic of Serbia (zis.gov.rs) for the register, forms and fees.
Serbia trademark FAQ
How long does a trademark last in Serbia, and from when?
10 years from the filing date, extendable an unlimited number of times (Article 58). It counts from the filing date (Articles 57 and 58).
When should I renew a Serbian trademark, and is there a grace period?
The request to extend the validity is submitted with the fee no earlier than 6 months before expiry. The IPO notifies the holder of the expiry, but is not responsible if it fails to (Article 58).
What is the opposition period in Serbia?
Within 3 months from publication of the application, the holder of an earlier right can file an opposition on the grounds in Articles 6 and 7. The time limit cannot be extended. The applicant then has 60 days to respond, and if it does not, the application is refused to the extent of the opposition (Article 34 and the opposition procedure articles).
How much does it cost to register a trademark in Serbia?
The official fee is set by the the Intellectual Property Office of the Republic of Serbia (IPO Serbia) 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 Serbia?
Yes, but a foreign applicant with no domicile or seat in Serbia must be represented by a registered representative or a Serbian advocate (Article 12). We arrange this.
Can I assign a Serbian trademark?
A mark or the rights from an application can be transferred for all or some of the goods and services. The transfer is entered in the Trademark Register on request and has effect against third parties from entry (Article 63).
Can a Serbian trademark be cancelled for non-use?
The IPO can end a mark, in whole or for some goods or services, at the request of an interested person if the holder or a person authorised by it has not genuinely used it on the domestic market without justified reason for an uninterrupted period of 5 years from registration or last use. The holder must prove use. The mark ceases on the date the request is filed (Articles 82 and 83).
How can I check the status of a Serbian trademark?
Use the the Intellectual Property Office of the Republic of Serbia (IPO Serbia) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Convention priority is recognised for an application filed in Serbia within 6 months of a regular application in a Paris Union or WTO member country. The request states the date, number and country of the first filing (Article 21).
How do I change the owner's name or address?
Record the change with the the Intellectual Property Office of the Republic of Serbia (IPO Serbia) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Serbia
SUPREMEiP® files trademarks worldwide through its network and checks every Serbian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
