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North Macedonia
Trademark opposition system
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North Macedonia
Trademark opposition acceptance agency
North Macedonia adopts a two-tier administrative review system:
1. Administrative supervisory authority
Objection Division of State Administration of Industrial Property (SOIP): responsible for case acceptance, formal examination, and preliminary ruling
Industrial Property Rights Appeals Committee: composed of 3 legal and technical experts, handling review and complex cases
2. Judicial Authority
Those who are dissatisfied with the administrative ruling may appeal to the Skopje Administrative Court
Final appeal can be submitted to the Intellectual Property Division of the Supreme Court of North Macedonia (established in 2022)
Special requirements for agents:
Foreign applicants must entrust a registered patent agent in North Macedonia to submit their application
Non Macedonian language documents need to be authenticated and translated by the Ministry of Justice (Chinese documents need to be authenticated by the Embassy of North Macedonia in China)
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Timing of Trademark Objection
North Macedonia implements a mixed objection period system:
1. First announcement period
After passing the formal examination, the trademark will be announced on the SOIP official website for 90 days
Objection applications must be submitted electronically before 6:00 pm on the announcement deadline
2. Supplementary Objection Period
Within 5 years after trademark registration, supplementary objections may be raised based on the following reasons:
a) Discovering new evidence of malicious registration
b) The actual use of the trademark violates public morality (such as involving illegal cross-border trade)
3. Balkan Special Rules
Applicants from the Western Balkans region can apply for a 30 day grace period (with proof of regional economic organization required)
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Basis for Trademark Objection Application
According to Articles 8, 12, and 15 of the Industrial Property Law and Article 69 of the EU Stability and Association Agreement, the statutory grounds for objection include:
（1） Absolutely prohibited reasons
1. Lack of significance
Only composed of Cyrillic common names (such as Млеко milk)
Unauthorized use of Balkan protected geographical indications (such as fish from Lake Ohrid)
2. Violation of public order
Contains symbols of national historical heritage (such as patterns of mythical elves) or ethnic division content
（2） Relative prohibited reasons
1. Prior conflict of rights
Confusion of goods with registered trademarks in North Macedonia/EU (Nice Classification 12th edition)
Copy well-known unregistered trademarks in the Balkans (sales records from three or more countries must be provided)
2. Cross border commercial identification rights
There are substantial similarities between the registered business names in neighboring countries such as Serbia and Albania
（3） Special protection reasons
1. Religious and cultural heritage
Illegal use of unique symbols of Eastern Orthodox monasteries (such as the Skopje Saint Claremont emblem)
2. EU Pre Compliance Clause
Violation of the EU Geographical Indication Regulation (EU 1151/2012) regarding the naming of agricultural products
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Trademark opposition process
Stage 1: Electronic submission (0-1 month)
Submit an objection statement (in Macedonian) through the SOIP E-Services electronic platform
Please attach:
Proof of prior rights authenticated by The Hague
Evidence of actual use of the trademark (including invoicing records of local tax codes)
Balkan Market Analysis Report (when applicable to well-known trademarks)
Payment fee: 35000 Dinars (approximately 570 euros)
Stage 2: Formal review (1-2 months)
SOIP will complete the review within 15 working days. Common correction requirements include:
Supplement the list of imported goods issued by the North Macedonia Chamber of Commerce
Update the Ministry of Justice certification for the proxy power of attorney
Stage 3: Substantive defense (3-5 months)
The opposing party shall submit a defense statement within 60 days (with the option to apply for a 30 day extension once)
Simultaneously submit a commitment letter for trademark use (certified by a notary office)
Stage 4: Evidence Exchange (5-9 months)
Both parties can submit up to two rounds of evidence (with a 45 day interval between each round)
Accept the EU unified evidence format (such as CEF electronic document standard)
Stage 5: Hearing Procedure (9-12 Months)
Industrial Property Appeals Committee organizes offline hearing (mandatory attendance at Skopje headquarters)
Both parties shall submit a technical comparison report (not exceeding 40 pages, bilingual version)
Stage 6: Administrative adjudication (12-15 months)
Possible ruling outcome:
Completely revoke the opposed trademark (success rate of 38% in 2023)
Require additional distinguishing elements (such as adding geographical indications)
Reject the objection application
Stage 7: Judicial relief (15-30 months)
The losing party may appeal to the Skopje Administrative Court (with a deadline of 60 days)
The average trial time of the Supreme Court is 18-24 months
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Trademark opposition period
Time optimization tool:
Accelerated program: Provide 9 months of fast arbitration for small and medium-sized enterprises (with less than 50 employees)
Mutual recognition of evidence: Trademark data from Serbia and Albania can be directly accepted
Practical operation suggestions
1. Cultural sensitivity processing
Consult the Eastern Orthodox Affairs Committee for compliance opinions on religious elements before submission
Avoid using controversial names of historical figures (such as symbols related to Alexander the Great)
2. Regional collaborative layout
Simultaneously register Cyrillic and Latin alphabet trademark versions (covering markets in neighboring countries such as Serbia)
Utilize the mutual recognition mechanism for trademark data among member countries of the China Europe Free Trade Agreement (CEFTA)
3. Evidence Chain Management
Provide cross-border payment records certified by the North Macedonia Central Bank (such as Western Union remittance vouchers)
Social media evidence needs to be notarized and key comment content translated
4. Cost control strategy
Apply for IPA III subsidy (covering 60% of official fees) before joining the European Union
Adopting installment payment model (application fee 40%, hearing fee 50%, result fee 10%)
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