ISSN 1452-6662
Over 180 up-to-date legal acts of the Republic of Serbia translated to English.
Group: INTELLECTUAL PROPERTY
Issue: LAW ON TRADEMARKS
Published in the Official Gazette of the RS, No. 6/20 of 24 January 2020
Section: I BASIC PROVISIONS

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  • Subject Matter of Protection
    • Article 1

      This Law shall regulate the manner of acquisition of the right to a mark used in trade of goods and/or services, and the protection thereof.

      A trademark shall be the right that protects a mark used in the course of trade to distinguish the goods and/or services of one natural or legal person from the identical or similar goods and/or services of another natural or legal person.

      For the purposes of this Law, a trademark shall also be understood to mean a trademark which has been granted international registration for the territory of the Republic of Serbia, based on the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as: the Madrid Agreement), and/or the Protocol to the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as: the Madrid Protocol.)

      The provisions of this Law shall also apply to the trademarks referred to in paragraph 3 of this Article if certain issues are not regulated by the Madrid Agreement and/or the Madrid Protocol.

  • Types of Trademarks
    • Article 2

      A trademark may be individual, collective, or warranty trademark.

      A collective trademark designated as such in a trademark application shall mean a trademark of a legal person representing a certain type of association of manufactures and/or providers of services, which may be used by the persons who are members of such association, under the conditions prescribed by this Law.

      A collective trademark shall serve to differentiate the goods and/or services of members of the legal person that is the holder of a collective trademark from the identical or similar goods and/or services of another natural or legal person.

      The user of a collective trademark shall be entitled to use such a trademark only in the manner laid down in the general act on collective trademark.

      A warranty trademark designated as such in a trademark application shall serve to differentiate the goods and/or services certified by the trademark holder from the identical or similar goods and/or services of another natural or legal person that are uncertified.

      A warranty trademark used by several persons under the supervision of the trademark holder shall serve as a warranty of quality, material, manner of manufacturing of goods or provision of services, authenticity or other common characteristics of the goods and/or services protected by that trademark.

      The holder of the warranty trademark must allow any person to use the warranty trademark for the goods and/or services which have common characteristics prescribed by the general act on warranty trademark.

      Any natural or legal person may apply for the warranty trademark registration provided that he does not conduct any business activity involving the provision of goods or services of the kind approved by him as the warranty trademark holder.

  • Marks not considered to Be Trademarks
    • Article 3

      Neither seals, stamps, nor marks, designations or hallmarks pursuant to the regulations governing precious metal articles shall be considered trademarks for the purposes of this Law.