Subject and conditions of trademark protection

A trademark is a right that protects a sign that serves to distinguish the goods or services of one natural or legal person from the same or similar goods or services of another natural or legal person.

The Law on Trademarks (“Official Gazette of the RS”, No. 6/2020) regulates the acquisition and protection of the right to a trademark in the sale of goods and services.

A trademark in the sense of the Law on Trademarks (“Official Gazette of the RS”, No. 6/2020) is considered to be a trademark that is internationally registered for the territory of the Republic of Serbia, based on the Madrid Agreement on the International Registration of Trademarks (from now on referred to as the Madrid Agreement), i.e. the Protocol to the Madrid Agreement on the International Registration of Trademarks (from now on: Madrid Protocol).

The provisions of the Law on Trademarks (“Official Gazette of the RS”, No. 6/2020) also apply to a trademark, which is internationally registered for the territory of the Republic of Serbia based on the Madrid Agreement, i.e. the Madrid Protocol, if specific issues are not regulated by the Madrid Agreement, i.e. the Madrid Protocol. Continue reading Subject and conditions of trademark protection

Legal protection of industrial design

The right to industrial design is one of the rights of intellectual property. It is regulated by the Law on the Legal Protection of Industrial Design (“Official Gazette of RS”, No. 104/2009, 45/2015 and 44/2018 – other law). The subject of the legal protection of industrial design is the external appearance of a product suitable for industrial or craft production or its part.

Industrial design is a three-dimensional or two-dimensional appearance of the whole product, or its part, which is determined by its visual characteristics, especially lines, contours, colours, shape, texture and/or materials from which the product is made, or with which it is decorated, as well as their combination.

A product is an industrial or craft item, including, among other things, parts that are intended to be assembled into a complex product, product packaging, the overall visual identity of the product, graphic symbols and typographic signs, excluding computer programs. Continue reading Legal protection of industrial design