The relevance of introducing opposition proceedings into the Serbian trademark legislation

• Published in: Zbornik Radova Pravnog Fakulteta u Nišu
• Main Author: Vasić Aleksandra
• Format: Article
• Language: English
• Published: Faculty of Law, Niš 2014-01-01
• Subjects: opposition proceedings; Community trademark; trademark law; Serbia
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2014/0350-85011468727V.pdf
• ISSN: 0350-8501; 2560-3116

This paper analyzes the quality of certain legal procedures applied in domestic trademark legislation in the light of harmonizing our legislation with those of the EU. Trademark Law in the Republic of Serbia (2009) does not rely on opposition proceedings as a phase in the process of trademark registration and a tool that would ensure that only those trademarks that fulfill the necessary conditions are granted legal protection. Intellectual Property Office examines the so-called relative grounds for trademark registration refusal but does so ex officio, thus preventing the holders of trademark rights from benefiting from a relatively inexpensive and effective opposition procedure regarding the registration of a second trademark which violates their previously established rights. In contrast to our trademark laws, EU Council Regulation 207/2009 on Community Trademarks of February 26, 2009 (CTMR -Community trademark regulation) enforces opposition proceedings as the most important phase in the process of trademark registration. European experience shows that opposition proceedings carry significant benefits for the process of trademark application. First of all, they allow the holders of previously established trademark rights to avoid long and costly court proceedings whose purpose is to dispute trademarks that violate the owner's rights. Also, state agencies authorizing in trademark approval no longer need to monitor registered trademarks.