The Methodology Applied by the Intellectual Property Office to the
Procedure Relating to the Registration of Trade Marks and the
Procedures Based on Registered Trade Marks
INTELLECTUAL PROPERTY OFFICE
REPUBLIC OF SERBIA
(Draft of 9 October 2006)
Prepared by:
Ms. Mirela Bošković LL.M, senior consultant Trade mark Department Intellectual Property Office Republic of Serbia
Table of contents CHAPTER I: INTRODUCTION7
CHAPTER II: LEGAL REGULATIONS7
CHAPTER III: THE CONCEPT AND FUNCTION OF A TRADE MARK
AND TRADE MARK TYPES9
The concept and function of a trade mark9
The subject of protection 9
The contents and the scope of rights 9
Types of trade marks 10
Individual trade marks 10
Collective trade marks 10
Certification trade marks 10
Acquiring a trade mark and its validity 10
CHAPTER IV: REGISTERS 11
The Register of Trade Mark Applications 11
The Register of Trade Marks 11
CHAPTER V: PROCEDURE OF THE REGISTRATION AND PROTECTION OF TRADE MARKS
(OUTLINE OF PROCEDURE) 12
General rules of procedure12
Party to the proceeding 13
Pleading on behalf of a party 13
The principle of hearing a party 14
Communication between the Office and the parties 14
Submissions filed by the parties to a proceeding,
to the intellectual property Office 14
Acts issued by the Office during the course of a proceeding15
Examination report 15
Procedural order 15
Decision 16
Service of process 16
Proof of service – service receipt 16
Change of domicile and/or residence, or of the principal place of business 17
Service of process in the event of absence of a service receipt 17
Mistakes in service of process 17
Time limits 17
Extension of the time limit 18
Restitutio in integrum 19
CHAPTER VI: PROCEDURE FOR TRADE MARK REGISTRATION 20
Initiating a proceeding for trade mark registration 20
Filing and receipt of a trade mark application20
According of a filing date for an application 20
Indication about requesting the trade mark registration21
Details about the applicant 21
The representation of the mark 21
The list of goods and services 21
Examination of formal requirements for trademark registration 22
Examination of material conditions for trade mark registration 22
Abandonment of a trade mark application 23
Trade mark registration and its recordation in the Register of Trade Marks 23
CHAPTER VII: EXAMINATION OF FORMAL REQUIREMENTS FOR
TRADE MARK REGISTRATION 24
The order of examining applications 24
The contents of a trade mark application 25
The applicant 27
The representative 28
Signature 29
Representation of the mark claimed 29
List of goods and services 30
Transliteration of the mark 33
REPUBLIC OF SERBIA
Ms. Mirela Bošković LL.M, senior consultant Trade mark Department Intellectual Property Office Republic of Serbia
Table of contents (Draft of 9 October 2006)
Prepared by:
AND TRADE MARK TYPES9
(OUTLINE OF PROCEDURE) 12
to the intellectual property Office 14
TRADE MARK REGISTRATION 24