Trademarks · 5 min read

How to check whether a trademark is available in Serbia

Before paying any fee, look yourself. Three databases are free and open to everyone. Here is the order we use them in, what to search for, and where a self-made search stops being enough.

Author: Srđan Bogićević, attorney at law, founder · Law checked:

1. Serbian Intellectual Property Office register

The Office's website (zis.gov.rs) has a public trademark search. Enter the name, then its parts and likely misspellings, in both Latin and Cyrillic script. Include pending applications, because they take priority by filing date.

Check the classes of every hit. The same name in class 25 (clothing) and class 43 (restaurants) can usually coexist; the same name in the same or a related class is a problem.

2. TMview: Serbia, the EU and most European offices

TMview (tmview.org) combines the EUIPO register with national registers across Europe, including Serbia, Germany, Italy, Switzerland and the UK. Search the name with filters by territory and class. This is the first stop if you hold or plan an EU mark and want to see what exists in Serbia.

3. WIPO Global Brand Database: Madrid registrations

The WIPO database (branddb.wipo.int) holds every international registration under the Madrid system and many national ones. It also offers image search for logos. Check whether someone already holds an international registration designating Serbia, which is not always obvious in the domestic view.

What a self-made search cannot do

Databases find identical or similar text. They do not find marks that look different but sound alike, translations, or marks with a similar meaning. They do not assess whether goods are 'similar' in the legal sense, which is the question that decides an opposition. That is why our clearance search runs with a list of variants and related classes, and it is part of the free trademark check.

If the search shows a similar mark, it is not necessarily the end: a coexistence agreement, a narrower list of goods or a different sign may solve it. If it shows nothing, that is a good sign, but the Office can still refuse on other grounds, for example because the sign is descriptive or misleading.

Frequently asked questions

Does the Serbian Office check earlier marks on its own?

Not as a ground for refusal ex officio. The Office publishes the application and the owner of an earlier mark has three months to oppose. That is why the search is done before filing, and new filings are monitored afterwards.

Is the Office search free?

The public online search is free. The Office also issues a written search report for a fee, which is worth it when the mark matters and the market is large.

I found the same name in another class. Can I use it?

Usually yes, if the goods or services are not similar and the earlier mark is not well known. The line between similar and dissimilar goods is not always obvious (clothing and footwear, coffee and cafés), and that is the point where it pays to ask.

This guide provides general information and is not legal advice for your specific case. Send us your question for an assessment.

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