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32 New Articles

Since 2016, the term “Black Friday” has been registered as a trademark in Germany, granting exclusive rights to a single company, Super Union Holdings Ltd. of Hong Kong, for its use in advertising. This registration covered over 900 goods and services, restricting other businesses from using the term in their promotions. However, recent legal developments have definitively resolved this contentious issue.

Unlike many neighboring countries, the Trademark Law of Bosnia and Herzegovina explicitly addresses bad faith trademark applications as both relative grounds for refusal and as a basis for contesting a trademark through court proceedings. In other words, trademark applications filed contrary to the principles of good faith and fair dealing can be challenged either through an opposition before the Institute for Intellectual Property or by filing a lawsuit before the competent court. While this dual system theoretically provides two distinct avenues of recourse, practical experience shows that both mechanisms tend to merge into a single, judicially driven process. Below, we analyze the key lessons drawn from recent case law concerning bad faith trademark filings.

In The Corner Office, we ask Managing Partners at law firms across Central and Eastern Europe about their backgrounds, strategies, and responsibilities. With managing firm clients being a critical aspect of firms’ operations, we asked: What are the three most important elements when onboarding a new client?

Serbia’s 2020 Trademark Law introduced a novel provision to local law: the trademark holders have been explicitly empowered to claim profit surrender in cases where the infringement was not intentional or grossly negligent.

As the UEFA Football Championship is now underway, football fans across Europe are buzzing with excitement. This sporting event is not just a celebration of top-tier talent and national pride but also a time when fans proudly sport their team’s colours. However, a troubling issue looms large: the rise of counterfeit football jerseys.

In the realm of modern politics, where every move is meticulously calculated and every tactic scrutinized, the strategic employment of intellectual property (IP) has emerged as a potent tool for political parties. From catchy slogans to iconic logos, intellectual property has become integral to shaping public perception and garnering support during election seasons. However, the fine line between legitimate use and exploitation of IP often blurs, raising ethical and legal questions about the (ab)use of intellectual property by political entities.

ZMP at a Glance

Established in 1939 in Belgrade, Serbia, ZMP (Živko Mijatović & Partners) has become one of the most prominent IP law firms in Central and Eastern Europe. For more than 80 years, ZMP has been advising
and representing clients in the areas of intellectual property ranging from patent strategy and IP litigation to copyright, design, trademark, trade secrets, and unfair competition law. The firm also handles prosecution and enforcement matters, both for international and local clients.

In addition, ZMP is in a unique position to manage multi-jurisdictional anti-counterfeiting programs, which is one of the firm's strongest points. It handles these programs for some of the biggest brand owners in the world who are anxious to stop counterfeit products coming from Turkey, the Middle East, and China before they enter the EU.

Many of ZMP’s clients are leaders in their industries, such as pharmaceuticals, chemicals, computer science, entertainment, telecommunications, food and beverages, fashion, etc. Clients benefit from the firm’s strategically focused approach to the creation and protection of their brands and content. It understands their concerns and offers tailor-made and cost-efficient solutions.

To provide comprehensive services to regional and international clients with business interests in multiple jurisdictions, the firm has grown to 15 offices throughout Southeastern Europe over time, with its HQ in Belgrade and its Client Service Office in Alicante, Spain, acting as hubs around which all other offices operate. The streamlined flow of information between offices is accomplished through cloud-based file sharing and a consolidated back office. Clients can receive tailor-made services consistently across all ZMP offices through only one point of contact if desired.

ZMP’s network covers the protection of European Trademarks (EUTM) and provides full IP services in 15 countries, namely: Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Hungary, Kosovo, North Macedonia, Montenegro, Poland, Romania, Serbia, Slovak Republic, Slovenia, and Spain.

One point of contact, the flawless and constant level of service throughout all offices, in-depth knowledge of local and regional legal frameworks, markets, politics, and culture, and seasoned professionals with years of extensive experience are what make ZMP stand out.

Firm's website: ZMP