In modern business, a brand represents one of the most valuable assets of any company or entrepreneur. A recognizable sign, logo, name, or combination of symbols is not just a visual identity but also a guarantee of quality, trust, and market reputation. That’s why trademark registration and protection are key steps in preserving and strengthening business success.
A trademark makes it possible to clearly distinguish goods or services from competitors, provides consumers with a sense of security, and creates a solid foundation for the long-term development of the brand. At the same time, trademark registration grants the owner the exclusive right to use a specific mark and protect their business from unauthorized use or misuse by others.
Trademark protection is not just a legal formality, it’s an investment in the brand’s future and a guarantee that the effort put into building recognition will be safeguarded in both domestic and international markets.
What is a trademark and what functions does it have?
A trademark is an intellectual property right that protects signs used in business, with its primary purpose being to distinguish the goods or services of one business entity from those of others. A sign can be a word, letter, number, drawing, logo, color, three-dimensional shape, or even a sound or a combination of these elements, as long as it meets the requirement of distinguishing the origin of products or services.
In addition to its core role of differentiation, a trademark has several other important functions:
Guarantee function – A trademark serves as a guarantee of quality, as consumers associate a specific mark with an expected standard of products or services.
Advertising function – A trademark plays a significant role in promotion and marketing, making it easier to position a brand on the market and build customer trust.
Investment function – A registered trademark can become a valuable intangible asset, increasing the market value of the brand and serving as a basis for further business investments.
In this way, a trademark not only provides legal protection but also contributes to building a long-term business strategy and gaining a competitive advantage.
Types of trademarks
Depending on their purpose and method of use, trademarks can be divided into several types, each serving a specific legal and business function.
Individual trademark – This is the most common type of trademark and belongs to a single natural or legal person. The holder has the exclusive right to use it to mark their goods or services.
Collective trademark – Intended for associations of producers or service providers. A collective trademark can be used only by members of that association, ensuring uniform quality and origin of the products or services.
Certification trademark – Serves as a mark of quality and can be used by multiple parties under the supervision of the trademark owner. This provides consumers with assurance that a product or service meets specific standards.
In addition to these basic categories, trademarks can also be classified according to their territorial scope:
National trademark – Recognized and protected only within the territory of the Republic of Serbia.
International trademark – Allows protection in multiple countries through a single application, most commonly via the Madrid System, provided that national registration has been secured beforehand.
This way, businesses can choose the form of protection that best suits their needs—whether they operate solely on the domestic market or aim to expand their products and services globally.
Trademark protection – what can and cannot be registered as a trademark under the Trademark Law
The Trademark Law clearly defines what can and cannot be registered as a trademark. This ensures that a trademark fulfills its primary purpose — distinguishing goods and services on the market.
What can be registered as a trademark
Any sign that is capable of distinguishing the goods or services of one entity from those of others, and that can be represented graphically, can be protected as a trademark. Examples include: words, slogans, names, combinations of letters and numbers, logos, drawings, color combinations, three-dimensional shapes of products or packaging, as well as sound or visual symbols.
What cannot be registered as a trademark
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Descriptive signs — those that directly describe the type, quality, quantity, purpose, or other characteristics of products or services.
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Generic or commonly used signs — signs that are part of everyday language or used in fair and free trade.
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Official symbols — flags, coats of arms, and other state or international emblems, unless special authorization is obtained from the relevant authorities.
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Deceptive signs — signs that may mislead consumers regarding the origin, quality, or other characteristics of goods or services.
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Signs contrary to public order or morality.
These rules ensure that a trademark is not merely a generic or misleading symbol, but a true tool for brand protection and gaining a competitive edge on the market.
Trademark registration in Serbia – step by step
The trademark registration process in Serbia is carried out before the Intellectual Property Office and involves several stages. To ensure a successful procedure, it’s important to understand each step in detail.
Trademark search
Before submitting the application, it’s recommended to search the existing trademark database. This helps determine whether an identical or similar mark already exists, preventing potential refusals and unnecessary costs.
Filing the application
The trademark application is submitted to the Intellectual Property Office and must include:
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Applicant’s information
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A representation of the mark to be protected
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A list of goods and services according to the international classification
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Proof of payment of the prescribed fees
Payment of fees
Administrative fees must be paid, and their amount depends on the number of classes of goods and services for which protection is sought.
Formal and substantive examination
The Office examines whether the application meets all formal requirements and whether the mark fulfills the legal criteria for protection. If everything is in order, the trademark is published in the Official Gazette of the Office.
Registration and issuance of the decision
If no opposition is filed within three months of publication, the Office issues a decision on trademark registration and enters it into the Trademark Register. From that moment, the holder acquires the exclusive right to use the mark for the goods and services listed in the application.
International trademark registration – the Madrid System and brand protection outside Serbia
When a business expands beyond the national market, it becomes essential to secure legal protection for the brand at the international level as well. This is most commonly achieved through the so-called Madrid System, administered by the World Intellectual Property Organization (WIPO).
National registration as a prerequisite
To apply for international trademark protection, the applicant must first have a registered trademark in the Republic of Serbia. The national trademark serves as the foundation for further international protection.
Filing an international application
The application is submitted to the Intellectual Property Office of the Republic of Serbia, which then forwards it to WIPO. The application specifies the member countries of the Madrid System in which protection is sought. The advantage of this system is that multiple countries can be covered through a single procedure, without the need to file separate applications in each one.
Duration and importance
An international trademark is valid for 10 years and can be renewed an unlimited number of times. The owner gains the right to use the protected mark in all the countries designated in the application, greatly simplifying business operations on a global scale.
Advantages of the Madrid System
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A simpler and more cost-effective procedure for obtaining protection in multiple countries.
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Centralized management of the entire process through WIPO.
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Flexibility to add new countries during the protection period.
In this way, entrepreneurs and companies can ensure that their brand is protected and recognized abroad, reducing the risk of infringement and strengthening their competitive position on the international market.
Duration and renewal of trademark protection – deadlines, extensions, and obligations of the trademark owner
Trademark protection in the Republic of Serbia begins on the date the mark is entered into the Trademark Register and lasts for 10 years from the date of filing the application. The same time frame applies within the international trademark protection system.
Renewal of protection
A trademark can be renewed an unlimited number of times, each time for an additional 10-year period. Renewal is carried out by submitting a request and paying the required fees, and the request can be filed within six months before the registration expires.
Grace period and late renewal
If the trademark owner misses the renewal deadline, the law provides an additional six-month grace period during which renewal can still be completed by paying a higher fee. If the request is not submitted even within this period, the trademark protection expires.
Obligations of the trademark owner
The holder of a registered trademark is obliged to use it in commerce. If the trademark is not used continuously for a period of five years, a request for its cancellation may be filed. Additionally, the owner must actively monitor and enforce their rights, since authorities do not act ex officio but only upon the trademark holder’s initiative.
These rules ensure that trademarks are actively used and serve their true purpose of brand protection, rather than simply existing as unused reserved signs.
Trademark infringement – common cases and legal remedies
When a third party uses a protected sign or one that is highly similar to a registered trademark without authorization, it constitutes trademark infringement. Such situations can seriously endanger a business by causing consumer confusion and damaging the brand’s reputation.
Common cases of trademark infringement
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Unauthorized use of an identical or similar sign on goods or services that are identical or similar to those for which the trademark is registered.
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Use of the trademark in business documentation or advertising in a way that creates confusion about the origin of the products or services.
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Sale or distribution of counterfeit goods bearing signs identical or similar to the protected trademark.
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Unauthorized use in the digital space, including domain names, online sales, and advertising campaigns.
Legal remedies
The trademark owner has the right to request:
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Recognition of the infringement and prohibition of further use of the trademark.
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Seizure or destruction of products that unlawfully bear the protected sign.
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Compensation for damages, including lost profits, resulting from the infringement.
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Publication of the judgment or related information to inform the public about the infringement.
In practice, trademark infringement is often resolved through court proceedings, but also through out-of-court settlements aimed at stopping unauthorized use quickly and efficiently. In such cases, hiring an experienced intellectual property lawyer plays a crucial role in ensuring timely and effective enforcement of rights.
Why hire a trademark lawyer?
Although the law does not require hiring a lawyer during the trademark registration process, in practice, professional legal support is extremely valuable. Trademark registration and protection involve a series of legal and administrative steps, and any mistake can lead to the rejection of the application or loss of rights.
Advantages of hiring a lawyer
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Professional search and analysis – An intellectual property lawyer can conduct a thorough search of existing trademarks and assess the risk of potential application rejection.
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Proper application preparation – With expert assistance, the application will include all required information and comply with legal requirements.
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Representation during the procedure – A lawyer monitors the entire process before the Intellectual Property Office and responds to any objections or oppositions.
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Protection in case of infringement – If unauthorized use occurs, the lawyer represents the trademark owner before the courts and other relevant authorities, using all available legal remedies.
Long-term benefits
By hiring a lawyer, entrepreneurs and companies gain not only legal security but also strategic support in building and maintaining their brand. This reduces the risk of costly disputes and ensures that the brand remains protected and competitive on both domestic and international markets.
Conclusion – the importance of legal security and professional support
Trademark registration and protection are among the key foundations of any successful business strategy. A trademark is not just a visual symbol but also a guarantee of quality, trust, and brand stability in the market. Legal protection grants the owner the exclusive right to use the mark, prevents misuse, and ensures that the effort invested in building the brand is safeguarded.
For companies and entrepreneurs who aim to build their identity and competitive advantage in the long run, trademark registration is not optional — it’s essential. However, given the complexity of the procedure and the potential risks involved, hiring an experienced intellectual property lawyer provides additional security and efficiency.
Legal support goes beyond registration itself, covering all subsequent stages — from renewals to protection in cases of infringement. That is why professional assistance is the best way to ensure that a brand remains protected both in the domestic and international markets.
FAQ – frequently asked questions about trademark registration and protection
What is a trademark and what rights does it grant to the owner?
A trademark is an intellectual property right that protects signs used in business to distinguish the goods and services of one entity from those of others. The trademark owner is granted the exclusive right to use the mark, protect it from misuse, and prohibit others from using it without authorization.
How long does trademark protection last in Serbia?
Trademark protection lasts for 10 years from the date the application is filed and can be renewed an unlimited number of times, each time for an additional 10 years, by submitting a renewal request and paying the required fee.
Is hiring a lawyer mandatory for trademark registration?
The law does not require hiring a lawyer, but in practice, it is highly recommended. An intellectual property lawyer can conduct a search of existing trademarks, prepare the application properly, and provide legal protection in case of infringement.
What is the difference between national and international trademark registration?
National trademark registration is valid only within the territory of the Republic of Serbia.
International trademark registration is filed through the Madrid System and allows protection in multiple countries simultaneously, provided that a national trademark has been registered beforehand.
When can trademark rights be lost?
Trademark rights can be lost if the owner fails to renew the registration after the 10-year period expires or if the trademark is not used continuously for five years. In such cases, a request for cancellation may be filed.
What should be done in case of trademark infringement?
If a third party uses an identical or similar sign without authorization, legal protection proceedings should be initiated. This may include filing a lawsuit, requesting an injunction to stop further use, claiming damages, and other legal actions. The most effective approach is to hire an intellectual property lawyer to ensure timely and effective enforcement of rights.