Bosnia & Herzegovina

TRADEMARK REGISTRATION IN BOSNIA & HERZEGOVINA

Registering a trademark in Bosnia & Herzegovina is an important measure for businesses and individuals looking to secure and reinforce their brand identity. Trademark registration provides the owner with exclusive rights to use the mark for the designated goods and services and offers a legal basis to stop or respond to unauthorized use and infringement. While the procedure includes several formal requirements, working with a qualified trademark attorney helps ensure compliance with local regulations and makes the process more efficient.

Options to obtain the exclusive right to a Trademark:

In Bosnia & Herzegovina, trademark protection can be granted by virtue of:

State registration in accordance with the order established by the Law;
Recognizing a mark as well-known in Bosnia & Herzegovina;
International registration in accordance with the Madrid Agreement and the Protocol.

The following should be taken into account for registration of a trademark in Bosnia & Herzegovina:

LEGAL FRAMEWORK AND PROTECTION

Trademark protection in Bosnia & Herzegovina is primarily obtained through registration with the Institute for Intellectual Property of Bosnia and Herzegovina (hereinafter – the Institute). Both local and foreign applicants are eligible for registration; however, foreign proprietors must act through a locally accredited agent or trademark attorney.

APPLICANT

Anyone claiming to be a proprietor of a trademark may apply for the registration. Nationals and foreigners have equal right in this regard, but a foreign applicant is required to appoint a trademark agent/attorney to manage all communications and filings with the Registry on their behalf.

CLASSIFICATION OF GOODS/SERVICES

The International (Nice) Classification of goods/services (latest edition).

POWER OR ATTORNEY REQUIREMENTS

A simply signed Power of Attorney should be provided, indicating the signatory’s name and position, as well as the date and place of signing. It should be submitted together with the application or as soon as possible after filing. Notarization or legalization is not required.

PROCEDURE

The procedure for obtaining Trademark registration in Bosnia & Herzegovina foresees only examination based on absolute grounds for refusal.

TRADEMARK SEARCH

Trademark search is not obligatory for Trademark Registration in Bosnia & Herzegovina, but it is highly recommended in order to avoid confusing similarity of claimed designation to already registered and applied marks, which can result in a potential conflict. In Bosnia & Herzegovina, trademark searches are performed by the Institute. The regular timeframe for the search is 1 week.

Considering the search results and evaluations of our experienced Trademark Agent/Attorney, it would be possible to estimate the risks of a potential conflict and evaluate the possible strategies to avoid it as well as the chances of success.

In this estimation the following factors would be assessed:

The similarity of the designation to any existing trademark phonetically, semantically or by a visual criterion.
The similarity in the nature of the applied goods/services, similarities in their intended purpose as well as method of use.
It will also be assessed if any similar goods/services are in competition with the applied goods/services or related.
Other factors, which would be considered are the distribution channels of said similar goods/services and if the range of similarity is to the point of causing confusion in the views of the general public.
The probability of the refusal on absolute grounds, such as a lack of distinctiveness and/or misleading character as to the goods manufacture, origin of goods etc.

This preliminary assessment of the protectability of the mark assists the applicant to avoid unnecessary costs, while considering all available options in obtaining protection for the mark.

APPLICATION FILING:

The following information and documents are required for Application filing in Bosnia & Herzegovina:

Full name and address of the applicant;
A clear representation of the mark (word, logo, device, or combination);

List of goods/services in compliance with the latest edition of the Nice Classification;

A simply signed Power of Attorney.

EXAMINATION

Formal examination: The formal examination entails checking the compliance of the application and accompanying documents with statutory requirements.

Examination on absolute grounds for refusal: the mark is thoroughly examined in respect of distinctiveness, descriptiveness and other potential absolute grounds for refusal.

TIME FROM FILING TO REGISTRATION:

If no opposition(s) is/are filed, around twelve (12) months.

OPPOSITION

Once the application is examined on absolute grounds for refusal and accepted, the trademark is published in the Official Gazette (Službeni glasnik) to notify the public. From the publication date, third parties have three (3) months to file an opposition, stating their grounds (e.g., prior rights, prior use, or likelihood of confusion). If no opposition is filed within the prescribed period, or if any opposition is resolved in favor of the applicant, the application proceeds to registration.

PROTECTION TERM

The registration is valid for ten (10) years from the filing date.

RENEWAL REQUIREMENTS

A trademark registration may be extended by filing a renewal request. Each renewal is valid for ten (10) years. The renewal request may be submitted within six (6) months prior to the trademark’s expiration date. Late renewal is possible within six (6) months after expiry, subject to payment of an additional official fee.

The following information and documents are required for renewal:

Power of Attorney;
The number of the trademark certificate;
Payment of relevant official fees.

DECLARATION OF USE

Not required.

NON-USE GRACE PERIOD

A registered trademark may be subject to cancellation if it remains unused for a continuous period of five (5) years following registration.