Trademarks: Bosnia-Herzegovina

General Information

International Agreements : Paris Convention, WIPO, PCT, Madrid Agreement, Nice Agreement, Berne Convention (Copyright), Locarno Agreement (Industrial designs).

Classification : Nice Classification (8th Edition); Multi-Class filings.

What is Registrable : a sign which may be represented graphically and which is capable of distinguishing the goods or services of one undertaking from another. Trademarks may protect signs, in particular: words, letters, numerals, slogans, abbreviations, graphical representations, combinations of colors and the tints thereof, three-dimensional forms, shapes of the goods or the packaging thereof, provided that they are distinctive, as well as the combinations of all the above indicated signs.

Priority under Paris Convention : Yes – within 6 months.
Examination : Yes – formal and substantial examination.
Publication : Yes - in the Official Gazette after the trademark is registered.

Opposition : None - However, informal observation possible up to passive or active acceptance by the PTO.

Time Frame for Registration : 2-4 Years. 
Registration Term : 10 Years – as of filing date.
Renewal Term : 10 Years
Grace Period for Renewals : 6 Months – with payment of late fees.

Use Requirement for filing : None.

Cancellation : Yes - Cancellation is possible at any time upon registration of the trademark. However, pursuant to Article 92 of the Bosnian IP Law, there is a 5 year period from the registration date that must expire upon which the cancellation action on the grounds of non-use is admissible. The trademark owner shall, to maintain the trademark validity, use a trademark in the country in respect to the goods or services for which it has been granted, unless serious reasons exist for its non-use, not depending on the trademark owner’s will, such as importation limitations or other government regulations in respect of the goods or services for which the trademark has been granted.

Important Notes : Urgent Examinations are allowed based on applicant’s request, subject to payment of additional fees.

Assignments - Must Assignments be recorded ? No.
Can pending applications be Assigned ? Yes.

Licenses - Must Licenses be recorded ? No - but strongly recommended.
Can pending application be Licensed ? Yes.

Filing Requirements

Trademark/Service Mark Requirements

  1. Power of Attorney Simply Signed.
  2. Full details of the Applicant, Class(es) and List of Goods.
  3. Certified copy of Priority document (if claimed).

Renewal of Trademark/Service Mark Requirements

  1. Power of Attorney Simply Signed.
  2. Detail of the Mark, registration Number & Class(es).

Assignment Recordal Requirements

  1. Power of Attorney Simply Signed by the Assignee.
  2. Assignment Deed signed by both the Assignor and the Assignee.

License Recordal Requirements

  1. An original or certified copy of the License Agreement.
  2. Power of Attorney simply signed on behalf of the Licensee

Change of Name/Address Requirements

  1. A Power of Attorney simply signed by the new holder, with the new name or address. 
  2. An excerpt from the company’s register evidencing the change of name.

 

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Simonian IP
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