The draft of the new Act on Trademarks will be on public debate until August 13, 2019. The need for enacting the new Trademark Act is twofold. Firstly, the problems and experiences in the day to day appliance of the provisions of the current Trademark Act need to be implemented in the new text. Additionally, the trademark system in Serbia needs to be made compliant with the EU Directive 2004/48/EZ.
The rules for the display of the trademark have been updated in order to follow the new technological possibilities. Namely the trademark does not have to be displayed graphically in order to be protected – the trademark in accordance with the draft Act may consist of any signs, including words, drawings, letters, numbers, display of colors, tridimensional objects, shape or packaging of good, any combinations of said signs or sounds.
The draft of the new Act strikes the appeal procedure against the decision regarding the trademark. That means that the administrative litigation may be initiated against the decision. The appeal procedures have prolonged the procedures, especially having in mind that the administration does not have enough expert capacity to process the appeals in trademark procedures.
One of the key changes proposed by the draft Trademark Act is introducing the objection principle in the procedures of reviewing of the trademarks applications. This principle has been applied in most of the EU jurisdictions. The objection may be filed by the holder of the earlier registered trademark within two months from the day the trademark application has been published in the Official Gazette of the Serbian Intellectual Property Office. The publication of the trademark application is also a new provision in the draft of the new Act.
The suggestions and objections to the draft of the new Trademark Act may be sent to the Serbian Intellectual Property Office until August 13, 2019.
After the public debate is finished, the final draft will be submitted to the Serbian Parliament. The enacting of the Act is expected in the fall session of the Serbian Parliament.
When the Act is enacted it will mark an additional step to the harmonization of Serbian legislation with EU, and hopefully, it will bring Serbia one step closer to full EU Membership.
By Dusan Dincic, Senior Associate and Nevena Jankovic, Legal Manager Samardzic, Oreski & Grbovic
