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Trademarks Act (Zakon o žigovima) in brief: filing, term, infringement

Serbia's Trademarks Act (Zakon o žigovima, Sl. glasnik RS No. 6/2020): what can be a trademark, grounds for refusal, filing, 10-year term, Madrid, infringement.

INFO
Short answer. The Trademarks Act (Zakon o žigovima) governs how a name, logo or other sign is protected as a trademark in Serbia: what can be a trademark, on which grounds the Intellectual Property Office refuses an application, how the procedure runs from filing to registration, how long a trademark lasts and how it is renewed, how it is protected abroad through the Madrid system and what the owner can claim when the mark is infringed. The current text is published in Sl. glasnik RS No. 6/2020 and has not been amended. A trademark lasts 10 years from the filing date and can be renewed indefinitely (Art. 58). This page explains the Act in plain language and does not replace the official text.

What the Trademarks Act (Zakon o žigovima) covers and whom it applies to

Zakon o žigovima, the Trademarks Act, governs how the right to a sign used to mark goods or services in trade is acquired and protected (Art. 1). A trademark (žig) is a right that arises on registration with the Intellectual Property Office (Zavod za intelektualnu svojinu) and gives the owner the exclusive right to use the protected sign for the goods and services it covers and to prohibit anyone else from using an identical or similar sign without authorisation (Art. 49). The Act applies to any person, domestic or foreign, who seeks or holds a trademark in Serbia; foreign persons without a seat or residence in Serbia act through a representative from the Office's register or a Serbian lawyer (Art. 12).

The official citation is: Zakon o žigovima (Sl. glasnik RS No. 6/2020). The Act entered into force on 1 February 2020 and had not been amended as of October 2026. If you come across article numbers from the 2009 Act online, they do not match these.

The Act does not govern business names (that is the Companies Act) or copyright in the logo itself (that is the Copyright and Related Rights Act), but it overlaps with both: an earlier business name and earlier copyright are grounds of opposition against someone else's trademark application (Arts. 6 and 7).

How the Act is structured

The Act has 116 articles. The most searched parts:

  • Subject matter and conditions of protection (Arts. 1-8): types of mark, what can be a trademark, absolute and relative grounds for refusal
  • Registration procedure (Arts. 9-40): application, priority, examination, publication, opposition, registration
  • International registration (Arts. 41-48)
  • Content, scope and limitations of the right (Arts. 49-57): exclusive rights, exhaustion, well-known marks
  • Term and transfer (Arts. 58-71): 10 years, renewal, assignment, licence, pledge
  • Termination (Arts. 72-89): expiry, surrender, invalidity, revocation for non-use
  • Civil protection (Arts. 90-108): infringement claim, interim measures, preservation of evidence
  • Penal provisions (Arts. 109-110) and transitional and final provisions (Arts. 111-116)

What can be protected as a trademark and which types exist

A trademark protects a sign that can be represented in the register and is capable of distinguishing one person's goods or services from another's: words including personal names, drawings, letters, numerals, colours, three-dimensional shapes, the shape of goods or their packaging, sounds and combinations of these (Art. 4). Seals, stamps and hallmarks for articles of precious metal cannot be protected (Art. 3).

The Act knows three types. An individual mark belongs to one natural or legal person. A collective mark is applied for by an association of producers or service providers and used by its members under the conditions of its general act. A guarantee mark is used by several businesses under the owner's supervision and certifies quality, material, production method or another shared characteristic (Art. 2).

Absolute and relative grounds for refusal

Absolute grounds (Art. 5) protect the public interest and are examined by the Office ex officio. A sign is not registered if it: does not meet the conditions of Art. 4; is contrary to public order or accepted principles of morality; is not distinctive; consists exclusively of a shape resulting from the nature of the goods, necessary to obtain a technical result or giving substantial value to the goods; exclusively describes the kind, quality, quantity, purpose, value, geographical origin or time of production; has become customary in everyday language or trade practice; misleads the public as to the nature, quality or origin of the goods; contains official signs of control or quality guarantee without authorisation; contains the coat of arms, flag or other official symbol of Serbia or another state without authorisation; contains national or religious symbols; conflicts with a protected geographical indication or an earlier plant variety name (Art. 5(1)). Lack of distinctiveness, descriptiveness and customary character can be overcome by proving that the sign acquired distinctiveness through use before filing (Art. 5(2)).

Relative grounds (Arts. 6 and 7) protect earlier rights of others and are applied by the Office on opposition, although it also examines similarity to earlier marks itself. A sign is refused if it is identical to an earlier mark for identical goods; similar to an earlier mark for identical or similar goods where there is a likelihood of confusion, including association; a copy or imitation of a well-known mark; a sign that would take unfair advantage of or be detrimental to the reputation of an earlier mark with a reputation, regardless of the goods; a sign infringing copyright or another industrial property right; a sign containing another person's image or name without consent (Art. 6). Also refused is a sign identical or similar to an earlier business name for identical or similar activities, and an application filed without authorisation in its own name by the representative or agent of the owner of a foreign mark (Art. 7).

Filing with the Intellectual Property Office: the procedure step by step

Application. The procedure is an administrative procedure before the Intellectual Property Office (Art. 9). The application contains a request for registration, the representation of the sign, the list of goods and services it covers and the applicant's details (Art. 14); goods and services are classified under the Nice Classification (Art. 15). One application covers one sign. It is filed on form Ž-1 or electronically through the Office's e-Prijava service, with proof of payment of the fee. The filing date of a regular application is also the date from which protection and the term of the mark run (Arts. 19 and 58).

Priority. Whoever filed earlier has priority (Art. 20). An applicant who filed the same application in another member of the Paris Union within the preceding six months may claim priority from that date (Art. 21), and display at a recognised exhibition gives priority from the day of display if the application is filed within three months (Art. 23).

Examination. The Office first examines formal regularity and invites the applicant to correct deficiencies (Art. 27), then examines the grounds for refusal, including a search of earlier marks and applications (Art. 30). If it finds an obstacle, it notifies the applicant of the examination result and sets a deadline for a response; the applicant may then narrow the list of goods, leave out non-distinctive parts of the sign, submit evidence of acquired distinctiveness or the consent of the holder of the earlier right (Art. 31).

Publication and opposition. A regular application free of obstacles is published by the Office in the Intellectual Property Gazette (Art. 33). From publication a three-month period runs for an opposition by the holder of an earlier right on the grounds in Arts. 6 and 7; the period cannot be extended (Art. 34). The applicant may demand proof that the earlier mark was used in the preceding five years (Art. 36), and the parties may jointly request a suspension of up to 24 months to reach an agreement (Art. 37).

Registration. After the opposition period expires, or the opposition is rejected, the applicant pays the fee for the first 10 years (Art. 38), the Office enters the mark in the Register of Trademarks and issues the trademark certificate (Art. 39), and publishes the registration (Art. 40). There is no appeal against the Office's decision; an administrative court action may be brought within 30 days. According to the Office, a procedure without opposition typically takes about six months, longer if the application is deficient or contested.

Fees. The amounts are set by the Law on Republic Administrative Fees and published by the Office on its website and in its fee calculator. According to the Office's fee schedule in October 2026: filing an individual trademark application RSD 21,390 for up to three classes, RSD 4,290 per class above three and RSD 4,290 for a figurative sign, with a 25% reduction for electronic filing; registration and the first 10 years, and each renewal, RSD 42,740 for up to three classes and RSD 6,410 per additional class; opposition RSD 24,970; request for international registration RSD 10,660. The amounts are adjusted, so check the current schedule before paying.

Term of the trademark and renewal

A trademark lasts 10 years from the filing date and may, on request and payment of the fee, be renewed an unlimited number of times for 10 years at a time (Art. 58(1)-(3)). The renewal request is filed in the last six months of the term; after expiry a further six months remain, with the fee increased by 50% (Art. 58(4)). Whoever misses that period too loses the mark (Art. 72), and a new one can be obtained only by a new application, with a new priority date.

A trademark may be assigned by contract, licensed or pledged; the changes are recorded in the register and take effect against third parties from recordal (Arts. 59-71). The owner cannot prohibit the resale of genuine goods that it put on the market itself, or that were put on the market with its consent, anywhere in the world, unless the goods were altered or impaired afterwards (Art. 53).

International registration: the Madrid system

A trademark is valid only in the territory for which it is registered. For protection in other countries the Act regulates the procedure under the Madrid Agreement and the Madrid Protocol (Arts. 1 and 41-48). Based on a domestic application or registered mark, the owner files through the Office a request for international registration, designating the countries and listing the goods and services in English or French (Arts. 41 and 42). The Office examines the request, collects the domestic fee and forwards it to the International Bureau of the World Intellectual Property Organization, to which the international fees are paid separately, in Swiss francs (Arts. 43 and 44). If the Bureau receives the request within two months of filing with the Office, the international registration bears the domestic filing date.

For five years the international registration depends on the basic domestic mark: if it ceases, so does the international registration (Art. 45). Each designated country examines the mark under its own law and may refuse it; according to the Office this usually takes 12 to 18 months. An opposition against an international registration designating Serbia is filed with the Office within three months of publication (Art. 46). For the European Union market the alternative is the European Union trade mark, applied for at the European Union Intellectual Property Office and valid in all member states as a single right.

Trademark infringement and protection in court

Infringement is any unauthorised use of the protected sign in trade, including affixing the sign to goods or packaging, offering and sale, import, export and transit, use in business documents and advertising, and even use with additions such as 'type', 'style' or 'like' (Art. 90). The claim may be brought by the trademark owner, the applicant, the holder of an exclusive licence and a user of a collective or guarantee mark with the owner's consent (Art. 91).

The claim may seek a declaration of infringement, an injunction against the infringing acts, damages, publication of the judgment at the defendant's expense, recall of the goods from the market and their destruction or alteration, and a prohibition on using the means by which the goods were produced (Art. 92). The period for the claim is three years from the day the claimant learned of the infringement and the infringer, and no later than five years from the day of the infringement; the proceedings are urgent (Art. 93). The court may order interim measures, among others seizure or removal of the disputed goods from the market, even without hearing the other party where irreparable harm is threatened; a measure ordered before the claim lapses if the claim is not filed within 30 days (Arts. 95-98). The Act also provides for preservation of evidence (Arts. 99-102) and a duty of third parties to provide information on the origin of the goods (Art. 103). Trademark infringement is also an economic offence for a legal entity and a misdemeanour for a sole trader or natural person (Arts. 109 and 110).

A trademark can also be lost without anyone infringing it: through five years of continuous non-use (Arts. 82 and 83), because it has become the common name of the goods or misleading (Art. 84), or by a declaration of invalidity if it was registered contrary to Arts. 4-7 (Arts. 74-78). It is therefore worth using the mark as registered and keeping evidence of use.

Where to read the official text

The official text is published by the Legal Information System of the Republic of Serbia: Zakon o žigovima at pravno-informacioni-sistem.rs. Forms, filing instructions, the fee calculator, the trademark database search and the e-Prijava service are published by the Intellectual Property Office, Kneginje Ljubice 5, Belgrade. Search the Office's trademark database before filing: a similar earlier mark is the most common reason for refusal.

Sources

What to do

  • A trademark protects a sign that can be represented in the register and distinguishes one person's goods or services from another's: words including personal names, drawings, letters, numerals, colours, three-dimensional shapes, the shape of goods or packaging, sounds and their combinations (Art. 4). There are individual, collective and guarantee marks (Art. 2).
  • A sign is not registered if it lacks distinctiveness, merely describes the kind, quality, purpose or origin of the goods, has become customary in everyday language, misleads the public, is contrary to public order or morality, or contains state symbols without authorisation (Art. 5(1)). Lack of distinctiveness can be overcome by proving that the sign acquired distinctiveness through use (Art. 5(2)).
  • Relative grounds protect earlier rights: an identical or similar earlier mark for identical or similar goods where there is a likelihood of confusion, a well-known mark, a mark with a reputation, copyright and other industrial property rights, another person's image or name (Art. 6), as well as an earlier business name and an application filed by an agent in its own name (Art. 7).
  • The application is filed with the Intellectual Property Office (Zavod za intelektualnu svojinu), on a form or electronically, and contains the request, the representation of the sign, the list of goods and services classified under the Nice Classification and the applicant's details (Arts. 14 and 15). A foreign person without a seat or residence in Serbia acts through a representative entered in the Office's register or a Serbian lawyer (Art. 12).
  • Priority belongs to the earlier applicant (Art. 20); an applicant who filed in another member of the Paris Union has six months to claim that priority in Serbia (Art. 21).
  • The Office examines formal regularity (Art. 27) and grounds for refusal (Arts. 30 and 31), then publishes a regular application in its gazette (Art. 33). The holder of an earlier right may file an opposition within three months of publication; the period cannot be extended (Art. 34).
  • After the opposition period expires or the opposition is decided, the applicant pays the fee for the first 10 years, the Office enters the mark in the register and issues the trademark certificate (Arts. 38-40). According to the Office, a regular application without opposition typically takes about six months.
  • A trademark lasts 10 years from the filing date and is renewed an unlimited number of times, on request and payment of a fee; the request may be filed in the last six months of the term, and in a further six months after expiry with an increased fee (Art. 58).
  • For protection abroad, a request for international registration under the Madrid Agreement and Protocol is filed through the Office, based on a domestic application or registration, with the list of goods and services in English or French (Arts. 41-48).
  • In case of infringement, the owner sues for a declaration of infringement, an injunction, damages, publication of the judgment, recall and destruction of the goods (Arts. 90-92). The claim is filed within three years of learning of the infringement and the infringer, and no later than five years after the infringement; the proceedings are urgent (Art. 93). Interim measures are available even before the claim, with a duty to file the claim within 30 days (Arts. 95 and 96).

FAQ

Which Trademarks Act is in force in 2026, and has it been amended?

The Trademarks Act published in Sl. glasnik RS No. 6/2020 applies. It entered into force on 1 February 2020 and replaced the 2009 Act. As of October 2026 it has not been amended. The Act has 116 articles and is aligned with European Union trademark law, so its concepts, grounds for refusal and opposition procedure are close to those before the European Union Intellectual Property Office. The registration procedure is conducted by the Intellectual Property Office of the Republic of Serbia in Belgrade (Art. 9).

What is the difference between a trademark, a business name and a domain name?

A business name is the name under which a company operates and is entered in the Business Registers Agency (APR) under the Companies Act; by itself it gives no exclusive right to a sign for goods and services. A trademark is an industrial property right that arises on registration with the Office and gives the owner the exclusive right to use the sign for the goods and services for which it is registered and to prohibit others from using an identical or similar sign (Art. 49). An internet domain is only an address and gives no right to the sign. The Act does link these rights: an earlier business name can be a ground of opposition against a trademark application (Art. 7), and using someone else's trademark in a business name or on a website can be an infringement (Art. 49(2)-(3)). That is why it is worth searching the Office's trademark database before choosing a company name.

How much does trademark registration cost and which fees are paid?

Fees are set by the Law on Republic Administrative Fees, and the Office publishes the current amounts on its website. According to the Office's fee schedule in October 2026, the fee for filing an individual trademark application is RSD 21,390 for up to three classes of goods and services, plus RSD 4,290 for each class above three and RSD 4,290 extra for a figurative sign; for electronic filing the fee is reduced by 25%. The fee for registration and the first 10 years, and for each renewal, is RSD 42,740 for up to three classes, plus RSD 6,410 per additional class, increased by 50% for late payment. The opposition fee is RSD 24,970 and the fee for a request for international registration RSD 10,660; the international fees are paid separately to the World Intellectual Property Organization in Swiss francs. Representation and searches are charged separately. The amounts change, so check the fee calculator on the Office's website before paying.

What happens after the application is published, and who can file an opposition?

After examination, the Office publishes an application that meets the requirements in its Intellectual Property Gazette (Art. 33). From publication a three-month period runs in which the holder of an earlier trademark or application, a well-known mark, copyright, another industrial property right, a right to an image or name, or an earlier business name may file an opposition on the grounds in Arts. 6 and 7; the period cannot be extended (Art. 34). At the applicant's request the opponent must prove that it genuinely used its earlier mark in the preceding five years, otherwise the opposition is rejected (Art. 36). The parties may jointly request a suspension of up to 24 months for negotiations (Art. 37). If there is no opposition or it is rejected, the applicant pays the fee for the first 10 years and the mark is registered (Arts. 38 and 39).

Can I lose my trademark if I do not use it?

Yes. If the owner, without justified reason, does not use the mark for the goods or services for which it is registered for five continuous years from registration or from the last use, any interested person may request that the mark be revoked for non-use, and the owner has to prove use (Art. 82). Revocation takes effect from the date of the request (Art. 83). A mark also ceases on expiry of the 10-year term without renewal, on the owner's surrender or on the dissolution of the legal entity (Art. 72), and may be declared invalid if it was registered contrary to the conditions in Arts. 4-7 (Arts. 74-78). A mark that has through use become the common name of the goods or has become misleading also ceases to be valid (Art. 84).

How do I protect my trademark abroad?

A trademark is valid only in the territory for which it is registered. For several countries the Madrid system is most often used: based on a domestic application or registration, a request for international registration is filed through the Office, designating the countries, with the list of goods and services in English or French (Arts. 41 and 42). The Office checks the request and forwards it to the World Intellectual Property Organization (Arts. 43 and 44). For five years the international registration depends on the domestic mark: if the domestic mark ceases within that period, so does the international registration (Art. 45). Each designated country examines the mark under its own rules, which according to the Office usually takes 12 to 18 months. For the European Union a European Union trade mark can also be applied for directly at the European Union Intellectual Property Office.

Someone is using my trademark. What can I claim and within what period?

Infringement is any unauthorised use of the protected sign, or of a sign similar to it for identical or similar goods, including affixing it to goods, offering and advertising, import and export, and even adding words such as 'type' or 'style' (Art. 90). The claim may be brought by the trademark owner, the applicant and a licensee (Art. 91). The claim may seek a declaration of infringement, an injunction against further infringement, damages, publication of the judgment, recall of the goods from the market and their destruction or alteration (Art. 92). The period is three years from learning of the infringement and the infringer, and no later than five years from the date of the infringement; the proceedings are urgent (Art. 93). Before or during the case the court may order an interim measure, even without hearing the opponent, in which case the claim must be filed within 30 days (Arts. 95 and 96). Trademark infringement is also an economic offence or a misdemeanour (Arts. 109 and 110).