Registering a Trademark in Serbia: Procedure at the Zavod, Costs and Madrid Extension

Anyone who sets up a company in Serbia, runs an online shop there or sells products under their own name should check early on whether that name is protected. A German trademark or an EU trade mark does not automatically apply in Serbia, because Serbia is not a member of the EU. Without protection of your own, a third party can register your name in Serbia and may even be able to prohibit you from using it there.

This article explains the two routes to trademark protection in Serbia: a national application at the Serbian Intellectual Property Office and the extension of an existing German or EU trademark through the Madrid System. For copyright and the protection of software, see our article on Urheberrecht in Serbien (in German); for the tax side of intellectual property rights, see the article on the IP-Box in Serbien (in German).

Legal basis and competent authority

The competent authority is the Intellectual Property Office of the Republic of Serbia, the Zavod za intelektualnu svojinu (ZIS), based in Belgrade. The legal basis is the Law on Trademarks (Zakon o žigovima, Službeni glasnik RS, the Official Gazette, No. 6/2020), which according to WIPO entered into force on 1 February 2020. With this law, Serbia brought its trademark law closely into line with EU law and, in particular, introduced an opposition procedure.

A Serbian trademark is called a žig. It protects a sign for the goods and services for which it is registered. As in Germany and the EU, these are divided into 45 classes under the international Nice Classification.

Which trademark you can register

A sign can be protected if it is capable of distinguishing your goods or services from those of others. In practice, the main types are:

• Word marks: a name on its own, such as a company or product name, regardless of font and colour.
• Combined (word and figurative) marks: a name in a specific design or with a logo.
• Figurative marks: a logo without any word element.

Purely descriptive terms cannot be registered, for example "Best Properties Belgrade" for estate agency services. Signs that can be confused with earlier trademarks may also fail if the owner of the earlier mark files an opposition.

A word mark usually offers the broadest protection because it covers the name in any form of presentation. If your budget only allows for one application, the word mark is generally the more sensible choice.

Route 1: National application at the Zavod

Step 1: Clearance search

Before you file, check whether identical or similar trademarks already exist for similar goods and services. The ZIS offers its own trademark database. It is also worth consulting the WIPO Global Brand Database, which includes internationally registered marks with protection in Serbia. Pay attention to Serbian spellings in Cyrillic script as well, because a similar sign in Cyrillic can also be an obstacle.

Step 2: Appoint a representative

Foreign individuals and legal entities must be represented in proceedings before the ZIS by a representative admitted in Serbia, typically a trademark attorney or a registered industrial property representative. If you have already set up a Serbian company, that company can file the application itself as the owner. Whether you hold the trademark personally or through your company is a strategic decision: if you sell the company later, a trademark held as a company asset is easier to transfer along with it.

Step 3: File the application

The application contains the applicant's details, a representation of the sign, the list of goods and services by class and proof of payment of the fees. The application must be filed in Serbian. Electronic filing is possible and, according to Serbian law firms, cheaper than filing on paper.

The wording of the list of goods and services matters. A list that is too narrow leaves gaps; a list that is too broad invites oppositions and may later be open to challenge for non-use.

Step 4: Examination, publication, opposition

The office examines the application for formal defects and absolute grounds for refusal, such as a lack of distinctive character. If the application is in order, it is published. From the date of publication, owners of earlier rights and other entitled parties have three months to file an opposition. If an opposition is filed, the applicant has 60 days to respond (source: specialist reports on the new Law on Trademarks, including FICPI and Schönherr).

Step 5: Registration and term of protection

If no opposition succeeds, the trademark is registered. Protection lasts ten years from the filing date and can be renewed indefinitely for further ten-year periods. If, after registration, the trademark is not used for the registered goods or services for five years, it can be revoked in respect of those goods or services on application by a third party.

How long the whole procedure takes depends on the workload of the office and on whether an opposition is filed. It is wise to allow plenty of time and to ask your representative for the current processing times.

Route 2: Extension through the Madrid System

Serbia is a member of WIPO's Madrid System. If you have already filed or registered a German trademark with the DPMA (German Patent and Trade Mark Office) or an EU trade mark with the EUIPO, you can build an international registration on it and designate Serbia as a country of protection.

This is how it works:

1. You file the international application through your office of origin, i.e. the DPMA or the EUIPO.
2. WIPO examines the formalities, records the mark in the International Register and forwards the designation to Serbia.
3. The ZIS examines the mark in the same way as a national application. If it does not issue a refusal of protection within the applicable time limit, the mark is deemed protected in Serbia.

The advantage: one application, one language, one fee payment to WIPO, and later renewals or changes of ownership are handled centrally. A Serbian representative is usually only needed if the ZIS raises objections or an opposition is filed.

The disadvantage is dependency: for the first five years, the international registration depends on the basic mark. If the German or EU trademark ceases to exist during this period, for instance after a successful opposition or cancellation action against it (a so-called central attack), protection in Serbia falls away as well. Transformation into a national application is then possible, but it means extra effort.

National application or Madrid: which suits you?

Estimating the costs realistically

The costs are made up of official fees and, if you are represented, professional fees. The official fees of the ZIS depend on the current fee schedule and the number of classes. Because these amounts are adjusted from time to time, we do not quote them here; instead, we recommend checking the current schedule on the ZIS website or asking your representative.

For the Madrid route, WIPO charges a basic fee plus a country or class fee for each designated country. You can reliably determine the exact amount for Serbia and your classes with WIPO's official fee calculator (Madrid Fee Calculator). On top of this come the costs of the basic mark if it does not yet exist: at the DPMA, the application fee for electronic filing is EUR 290 for up to three classes; at the EUIPO, it is EUR 850 for the first class when filed online (according to each office's fee schedule; please check that these figures are still current before you file).

Common mistakes when registering a trademark in Serbia

Filing too late. In principle, Serbia follows the first-to-file principle: the earlier application takes priority. If you only file after entering the market, you risk a distributor, a former partner or a trademark squatter getting there first.

Relying on the EU trade mark alone. An EU trade mark protects you in the EU member states, but not in Serbia. This is frequently overlooked.

Forgetting classes. An online retailer selling clothing needs not only class 25 for clothing but possibly also class 35 for retail services. Check which classes your actual business covers.

Ignoring the Cyrillic spelling. Both Latin and Cyrillic scripts are in use in Serbia. If your trademark is also going to appear in Cyrillic, discuss with your representative whether an additional application makes sense.

Not using the trademark. After five years without genuine use, the trademark becomes vulnerable. Keep evidence such as invoices, advertising material and screenshots of your shop.

Planning the trademark and the company formation together

Many founders choose a company name first, register it with the APR (the Serbian Business Registers Agency) and only think about the trademark later. However, entering a company name in the business register does not give you trademark protection. Conversely, an earlier trademark owned by someone else can make it harder for you to use your company name in the course of trade. So before you set up the company, check whether your preferred name is still available as a trademark. How the formation itself works is explained in our guide to Firmengründung in Serbien (in German). An overview of the legal framework for newcomers can be found in Rechtliche Grundlagen für Expats in Serbien (in German).

Exgentum supports English-speaking founders with company formation in Serbia and, where needed, puts them in touch with a Serbian trademark representative, so that the company name and the trademark are aligned from the start.

Frequently asked questions

Does my EU trade mark also apply in Serbia?

No. Serbia is not an EU member, so an EU trade mark has no effect there. You need a national Serbian trademark or an international registration designating Serbia.

Can I register the trademark without a Serbian lawyer?

As a foreign applicant, you need a representative admitted in Serbia for the national procedure. On the Madrid route, you file through your office of origin (DPMA or EUIPO) and usually only need a Serbian representative if objections or oppositions arise.

How long is a Serbian trademark protected?

Ten years from the filing date, with the option of renewing protection indefinitely for further ten-year periods.

What can I do if someone has already registered my name?

If the application has not yet been registered, an opposition within three months of publication may be an option, provided you hold earlier rights. For trademarks that are already registered, consider an application for invalidation, for example on the grounds of bad faith, or for revocation for non-use. Legal advice on the ground is essential here.

Do I have to hold the trademark myself, or can my Serbian company be the owner?

Both are possible. A trademark owned by your company can be transferred more easily if the company is sold later. Holding the trademark privately can make sense if you want to license it to several companies. You should clarify the tax consequences with an adviser beforehand.