How long does trademark protection last in Serbia and how can it be extended?

Trademark protection represents a key legal instrument for preserving the distinctiveness and value of a brand’s identity in the market. Proper understanding of the duration and renewal procedure of trademark protection in Serbia enables right holders to safeguard their rights in a timely and efficient manner.

Duration of Trademark Protection in Serbia

In the Republic of Serbia, trademark protection lasts for ten years from the date of filing the application with the Intellectual Property Office of the Republic of Serbia (“IPO”). The protection period begins on the date the application is submitted, not from the date the trademark is formally registered.

 Upon the expiration of the initial ten-year period, the trademark holder has the right to renew the trademark an unlimited number of times, each time for an additional ten-year period, provided that a renewal request is submitted and the prescribed fee is paid.

 The renewal may be requested either by the trademark holder or by a person authorized by law or by contract.

Trademark Renewal Procedure

 To renew a trademark, the holder must submit a renewal request to the IPO no earlier than six months before the expiry of the current ten-year protection period.

Additionally, the prescribed renewal fee must be paid. The amount of fee depends on the number of classes under which the trademark is registered and can be calculated using the official fee calculator available on the IPO’s website.

As of now, the renewal fee for an individual trademark is equal to the fee for initial registration and amounts to RSD 39,780 (approximately EUR 340) for up to three classes of the Nice Classification. An additional fee of RSD 5,970 (approximately EUR 50) applies for each additional class.

If the application includes a graphic representation or figurative element, an additional fee of RSD 5,970 is also required.

If the renewal fee is not paid before the expiration of the registration, the renewal request may still be submitted, and the fee paid, within a six-month grace period immediately following the expiration date, provided that the prescribed additional fee is also paid.

It is important to note that if the trademark holder fails to file the renewal request and pay the fee before the end of the ten-year term, the trademark will automatically cease to have effect by operation of law.

Practical Tips

• Track deadlines carefully: Trademark holders are advised to monitor the filing date and expiry of the protection period in order to file the renewal request on time. Although the IPO sends a notification up to six months prior to expiration, it does not bear responsibility if the holder fails to act.
• Use electronic filing: The IPO enables electronic submission of renewal requests, which comes with reduced fees compared to physical submission. 
• Consult an expert: While not mandatory, it is advisable to consult with a legal professional, particularly if the trademark was originally registered through legal representation.

Conclusion

 Trademark protection in Serbia lasts ten years from the date of application and may be renewed indefinitely for additional ten-year periods, provided that the renewal request is timely submitted and the required fee is paid. Proper management of deadlines and procedures is essential to maintaining exclusive trademark rights and ensuring business continuity in the marketplace.

Tara Govedarović
Junior Associate
tara.govedarovic@prlegal.rs; legal@prlegal.rs;