LEGAL ACTS IN ENGLISH
 
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Početna | english
Legal Acts in English
Grupa: INTELLECTUAL PROPERTY
Izdanje: LAW ON TRADEMARKS
Published in the Službeni glasnik RS, Nos. 104/09 of 16 December 2009, 10/13 of 30 January 2013 and 44/18 of 8 June 2018 (other law)
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Sekcija: I. BASIC PROVISIONS
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  • Article 1

    This Law shall govern the manner of acquisition and the protection of rights with respect to marks used in trade of goods and/or services.

    A trademark shall be the right that protects a mark used in the course of trade to distinguish goods and/or services of one natural or legal person from identical or similar goods and/or services of another natural or legal person.

    For the purposes of this Law, a trademark shall also be a mark which has been granted international registration for the territory of the Republic of Serbia, based on the Madrid Agreement Concerning the International Registration of Trademarks (hereinafter referred to as: the Madrid Agreement), and/or the Protocol to the Madrid Agreement Concerning the International Registration of Trademarks (hereinafter referred to as: the Madrid Protocol.)

    The provisions of this Law shall also apply to trademarks under paragraph 3 of this Article if certain issues are not regulated by the Madrid Arrangement and/or the Madrid Protocol.

  • Article 2

    A trademark may be individual, collective, or warranty trademark.

    A collective trademark shall mean a trademark of a legal person representing a certain type of association of manufactures and/or providers of services, which may be used by persons who are members of such association, under the conditions prescribed by this Law.

    The user of a collective trademark shall be entitled to use such mark only in the manner laid down in the general act on collective trademarks.

    A warranty trademark shall mean a trademark that is used by several companies under supervision of the trademark holder, as a warranty of quality, geographic origin, manner of manufacturing or other common characteristics of the goods and/or services provided by such companies.

    The holder of the warranty trademark shall allow any company to use the warranty trademark for goods and/or services which have common characteristics prescribed by general act on the warranty trademark.

  • Article 3

    Seals, stamps and hallmarks (official marks for marking precious metals, measurements and the like) shall not be deemed trademarks for the purposes of this Law. 

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