Draft Of New Trademark Act Introduces Trademark Opposition System And Various Other Changes

The draft of Serbia's new Trademark Act strives to remove shortcomings in the existing trademark legislation and further harmonize Serbian laws with those of the European Union.

General

Trademark protection in Serbia is currently regulated by the Trademark Act ("Official Gazette of the Republic of Serbia", nos. 104/09 and 10/13). Recognizing the need to further adjust and harmonize Serbian legislation with the European Union's IP legal framework, as well as to remedy the identified shortcomings of the existing Trademark Act, Serbia's legislator has prepared a Draft for a new Trademark Act [the "Draft Law"].

Opposition system introduced

Key innovation envisaged by the Draft Law concerns the introduction of a trademark opposition system, which will replace the current ex officio examination of the relative grounds for refusal. This essential change will bring Serbian legislation more inline with what is already a well-established standard for most of the