Preface:

As an important market in the Balkan region, Serbia's trademark system follows the Trademark Law and the principles of EU coordination and integration. The objection procedure combines the rigor of the civil law system with regional characteristics. Based on the latest regulations of the Serbian Intellectual Property Office (IPO RS) in 2023, the following systematically analyzes the five core contents:

1、 Serbian Trademark Objection Handling Agency

Serbia implements a dual track system of administrative pre judicial review for trademark objections:

Administrative agency: Intellectual Property Office of Serbia (IPO RS)

Fully responsible for accepting objections, reviewing evidence, and making administrative rulings

Establish an Objection Office (Odsek za prison) dedicated to case management

Judicial institutions:

Those who are dissatisfied with the IPO RS ruling may file a lawsuit with the Belgrade Commercial Court (Privreddni sud u Beogradu)

Second instance appeal to the Serbian Court of Appeal (Apelacioni sud u Beogradu)

2、 Timing of Trademark Objections in Serbia

Adopting announcement objection, with a rigid and irreversible time limit:

1. Announcement starting point:The trademark that has passed the formal examination is published in the electronic bulletin of the Serbian Trademark Gazette (Glasnik IPO RS)

2. Objection Window:Within 30 days from the date of announcement (calendar days, non working days)

3. Overdue relief:

After the expiration date, one can only protect their rights through the invalidation procedure (relative reasons must be presented within 5 years after registration)

Absolute reasons (such as violating public order and good customs) can be presented at any time

3、 Basis for Serbian Trademark Objection Application

According to Articles 24-26 of the Trademark Law, there are three types of statutory reasons:

（1） Absolute rejection reason

Lack of significant features (such as descriptive vocabulary MIUM KAF coffee)

Violation of public order and good customs (such as containing symbols of racial discrimination)

Deceptive signs (used for food containing chemical additives)

Including official symbols such as the Serbian coat of arms and flag (unauthorized)

（2） Relative rejection reasons

1. Conflict of prior trademark rights:

Conflict with identical or similar trademarks registered/applied for in Serbia (goods and services identical or related)

Confusion criteria: Visual/Speech/Conceptual Triple Similarity (ALCANIA)

2. Other prior rights:

Copyright (requires registration with the Serbian Copyright Office)

Trade name rights (proof of continuous use in Serbia for ≥ 2 years)

Geographical Indication (LJIV Bailan Real Estate Area Protection)

3. Malicious registration (Zlonamerna prijava):

Proxy registration of the principal's trademark (contract evidence required)

Massive hoarding of trademarks (such as individuals registering over 20 trademarks with no intention of use)

4、 Serbian Trademark Objection Process (Five Stage System)

Special mechanism:

Hearing:Only 10% of cases will be held (additional fees need to be applied for by both parties)

Settlement Procedure:Process negotiation and settlement can be suspended at any stage (agreement needs to be filed with IPO RS)

5、 Serbian Trademark Objection Period

1. Administrative Stage (IPO RS):

Standard process: 6-9 months (from submission to decision)

Fast track: 3-4 months (when both parties reach an early settlement)

2. Judicial stage:

Commercial court litigation: 12-16 months

Appeal court hearing: 8-12 months

3. Efficiency influencing factors:

Acceleration key: Provide complete evidence chain upon initial submission (such as Serbian market consumer survey report)

Delay risk: The objector's use of the delay rule can prolong the process by 40%

Practical Operation Guidelines

1. Mandatory proxy rules:

Foreign dissenters must entrust a registered lawyer in Serbia (average agency fee: 1500-3000 euros)

2. Language requirements:

All materials must be submitted in Serbian (Cyrillic or Latin versions are acceptable)

Foreign language evidence needs to be translated by a certified translation agency of the Ministry of Justice of Serbia

3. Evidence strategy:

Proof of Trademark Awareness: Provide proof of annual sales in Serbia (recommended to cover over 30% of the country)

Proof of Malicious Registration: Submit the applicant's trademark registration map (showing duplicate registration mode)

4. Suggestions for regional collaboration:

When simultaneously expanding into the Western Balkan market, priority should be given to objections through the European Union Intellectual Property Office (EUIPO) (with fees 50% lower than individual objections from multiple countries)

When focusing on the Serbian market, the IPO RS process is more cost-effective

Institutional advantages and risk warning

The Serbian objection system is characterized by a clear time frame and a priority for written review, but caution should be exercised:

⚠️ The 30 day objection window is extremely short: trademark monitoring needs to be deployed in advance (IPO RS monitoring service annual fee is about 600 euros)

⚠️ Evidence correction restriction: Key materials (such as proof of use) must be provided at the time of initial submission

✅ Settlement incentive: IPO RS offers a 50% fee reduction to encourage mediation (settlement rate of approximately 35%)

Strategic suggestion:

Operating enterprises in Serbia should register defensive trademarks to cover core categories (to prevent unauthorized registration)

When encountering registration theft, use customs punches (to intercept the import of infringing goods)

Suggest initiating the Madrid system for complex cases, with international objections covering multiple countries simultaneously