IP REQUIREMENTS @ INFO BY COUNTRY

Our network of offices covers the protection of European Trademarks (EUTM) and provides full IP
service in 15 countries of the Balkans, Central and Eastern Europe, namely:
Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Hungary, Kosovo*,
Macedonia FYROM, Montenegro, Poland, Romania, Serbia, Slovak Republic, Slovenia,
Spain (including EUTM)

*Click on any of the countries above

*Countries are sorted in alphabetical order

Albania

 

Albania IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • Filing a National Phase of PCT Application - Requirements
  • Time limits for filing a National phase of PCT Application
  • Registration Procedure
  • Extension of the European Patent – requirements
  • Duration
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions:

  • TRIPs
  • Paris Convention
  • Madrid Agreement
  • Madrid Protocol
  • Nice Agreement
  • PCT Convention
  • Patent Law Treaty
  • European Patent Convention (EPC)
  • Hague Agreement concerning the International Registration of Industrial Designs
  • Locarno Agreement
  • Law on Industrial Property valid as of April 27, 1994
    • - Implementing regulations:
      • Decision of Council of Ministers no.1706, date 29 December 2008 “On the approval of the regulation on the registration of trademarks of goods and services”
      • Decision of Council of Ministers no.381, date 08 April 2009 “On the approval of the regulation on the registration of industrial designs”
      • Decision of Council of Ministers no.1707 date 29 December 2008 “On the approval of the regulation on the grant of patents for inventions and utility models”
      • Decision of Council of Ministers no.883, date 13 May 2009 “On the approval of fees on Industrial Property Objects”

Trademarks

  • Filing the Application – Requirements:
    • Name and Address of the Applicant
    • Representation of the Mark
    • List of Goods and Services according to Nice Classification 11th Edition (Classes 1-45)
    • Priority date, country and number, if there any. The priority document can be submitted subsequently within three months from the filing date of the trademark application
    • Power of Attorney signed and sealed by the applicant
    • Power of Attorney can be submitted subsequently within three months from the notification date of the Albanian Patents and Trademarks Office that there are missing documents
    • The document concerning rules of Trademark usage, in case of collective Marks
  • Registration Procedure:
    • The Application is filed with and examined by the Albania Patents and Trademarks Office (Office)
    • The Office examines the Absolute and Relative Grounds of refusal
    • The registration procedure takes approximately 9-11 months as from the application date. The Decisions on grant are published in the IP Official Gazette of the Office. The Decisions on refusal can be appealed to the Board of Appeals within two months from the receipt of the refusal notification
  • Duration:
    • Upon payment of the registration fee, the trademark is valid for 10 years as from the filing date
    • The registration can be renewed endlessly for further periods of 10 years.
    • The registration of a trademark may be renewed at the request of the proprietor, subject to payment of a renewal fee.  
    • The renewal fee can be paid in the last year of the ten years protection period, but not later than six months before the renewal date of the trademark. If the renewal fee is not paid within the renewal date, it can be paid within a grace period of six months after the renewal date, upon payment of an additional fee of 25% of the renewal fee.
  • Recording changes in the Register:
    1. Assignment of rights Requirements:
      • The Power of Attorney simply signed by the Assignee with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
      • Assignment document - signed by the Assignor and the Assignee and duly notarized by Notary Public, it can be submitted subsequently within three months from the notification date by the Albanian Patents and Trademarks Office that there are missing documents.
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
      • The notarized document certifying the change of name - it can be submitted within three months from the notification date of the Albanian Patents and Trademarks Office for completing the file with the missing documents.
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
    4. Registration of the Licensing Agreement Requirements:
      • The Power of Attorney simply signed by the Licensor and/or Licensee with the company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
      • The license Agreement – should be in a written form, signed by the two parties and duly notarized. Translation of the license agreement into local language can be filed subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents.

Patents

  • Filing a Conventional Application – Requirements
    • Name and address of the Applicant
    • Names and addresses of the Inventors
    • Description of Patent
    • Patent Claims
    • Drawings (if any);
    • Abstract – summary of the invention;
    • Claiming priority, if there any. The Priority Declaration Data:
      • Priority date
      • Priority number
      • Priority country
      • International Patents Classification Symbol of the earlier Patent Request Application
      • The Office wherein is submitted the earlier Patent Request Application if the request in question is submitted to a National or International Office
      • Priority document – can be submitted subsequently, within three months from the date of the submitted request
    • Power of Attorney simply signed by the Applicant, with company seal applied
      The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
    • The declaration of the Inventor/s proving rights assignment from him/them in favor of the Applicant. This declaration shall be formatted as a notarial act.
  • Filing a National Phase of PCT Application – Requirements
    • Name and address of the Applicant
    • Names and addresses of the Inventors
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Priority date, country and number
    • International Search report
    • International Preliminary Examination Report
    • PCT Request
    • Power of Attorney simply signed by the Applicant, with company seal applied
      The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
  • The filing time limits for a National phase of PCT Application
    • With respect to an international application for which the Republic of Albania is designated or elected and for which the applicant wishes to obtain protection, the applicant shall submit the application within thirty-one months from the application filing date or, if priority has been claimed, from the priority date at the Albanian Patents and Trademarks Office.
  • Registration Procedure
    • The Office is publishing the Patent Application within 18 months as from the Application date or the priority date if the priority has been claimed. Upon the publication of patent Application, the decision on grant is to be issued and the publication date shall be considered as registration date.
    • The interested parties can file an objection to the Decision on grant with the Board of Appeal of the Albanian Patents and Trademarks Office within 9 (nine) months as from the date of publication of the patent issuance.
    • Response to the objections can be filed by the Applicant within 3 (three) months.
    • The decision of the Board of Appeal may be appealed to the court by the parties within 30 days from the date the decision reaches the Board of Appeal.
  • Validation of the European Patent – requirements
    • The validation of the European Patent can be filed with the Albanian Patents and Trademarks Office within 3 (three) months as from the publication date of the grant of the European Patent.
    • AN Albanian translation of patent Claims should be submitted to the Albanian Patents and Trademarks Office along with the request for the validation of the European Patent.
    • Power of Attorney simply signed by the Applicant, with company seal applied
      The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
  • Duration
    • 20 years as from the application date for conventional Patents
    • 20 years as from the International filing date for the National Phase of PCT patent
    • 20 years as from the date of filing the European Patent Application for the EP
    • The Utility Models is valid for 10 years form the application date
    • Protection fees are to be paid annually, before the end of the year covered by the protection fees or six months after expiration of the protection period at the latest, along with a 50% fine
    • The duration of patent for inventions in the field of pharmaceutical products (also called “Certificates of Additional Protection”) may be extended for an additional time period of up to five years from the date on which it takes effect
  • Recording changes in the Register:
    1.  Assignment of rights Requirements:
      • The Power of Attorney simply signed by the Assignor and/or Assignee with the company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
      • Assignment document - signed by the Assignor and the Assignee and duly notarized by Notary Public, it can be submitted within three months from the notification date of the Albanian Patents and Trademarks Office for completing the file with the missing documents.
    2.  Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by  the Albanian Patents and Trademarks Office that there are missing documents. 
      • The document certifying the change of name can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents.
    3.  Change of address Requirements:
      • Power of Attorney indicating the new address, simply signed with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
    4. 4. Registration of the Licensing Agreement Requirements:
      • The Power of Attorney simply signed by the Licensor and/or Licensee with the company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
      • The license Agreement – should be in a written form, signed by the two parties and duly notarized. Translation of the license agreement into local language can be filed subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents.

Industrial Design

  • Filing the Application – Requirements
    • Name and address of the Applicant
    • Reproduction of the design in the form of photographs or other graphic representations of the industrial designs;
    • Product or products in which the industrial design is proposed to beincluded;
    • Title of the industrial design;
    • A description of the industrial design;
    • Priority date, country and number, if there any;
    • Identity of the creator(s) of the industrial design.
    • A declaration of the creator/s that the industrial design has been assigned to the Applicant. This declaration has to be notarized.
    • A Power of Attorney simply signed by the Applicant, with company seal applied.
  • Registration Procedure
    • If all the requirements are met, the Albanian Patents and Trademarks Office will issue the Decision on grant of Industrial Design. The Decision will be published in the IP Official Gazette. The registration procedure takes approximately 8-10 months as from the application date.
  • Duration
    • The registration of a design is valid for five years, beginning from the date it is filed. A registration may be renewed against a set payment for an additional period of five years, up to a total time period of 25 years from the date the design is filed.
  • Recording changes in the Register:
    1. Assignment of rights Requirements:
      • The Power of Attorney simply signed by the Assignor and/or Assignee with the company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
      • Assignment document - signed by the Assignor and the Assignee and duly notarized by Notary Public, it can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents.
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
      • The document certifying the change of name can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents.
    3. Change of address Requirements:
      • Power of Attorney indicating the new address, simply signed with company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
    4. Registration of the Licensing Agreement Requirements:
      • The Power of Attorney simply signed by the Licensor and/or Licensee with the company seal applied. The Power of Attorney can be submitted subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents. 
      • The license Agreement – should be in written form, signed by the two parties and duly notarized. Translation of the license agreement into local language can be filed subsequently within three months from the notification by the Albanian Patents and Trademarks Office that there are missing documents.

Bosnia and Herzegovina

 

Bosnia and Herzegovina IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Opposition
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • Filing a National Phase of PCT Application - Requirements
  • Time limits for filing a National phase of PCT Application
  • Registration Procedure
  • Duration
  • Extension of validity of the European Patents
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions:

  • Paris Convention
  • Madrid Agreement
  • PCT Convention
  • Budapest Treaty
  • Hague Agreement
  • Lisbon Agreement
  • Patent Law of 1 January 2011
  • Trademark Law of 1 January 2011
  • Design Law of 1 January 2011

Trademarks

  • Filing the Application – Requirements:
    • Name and address of the Applicant
    • Representation of the Mark
    • List of Goods and Services according to Nice Classification 10th Edition (Classes 1-45)
    • Priority date, country and number and the original Priority document which can be submitted subsequently within 3 months from the Application date. This term can be extended for an additional three months
    • Power of Attorney simply signed by the Applicant. The Power of Attorney should be submitted with the application or as soon as possible following the filing of the application. However, if the trademark reaches the examination stage before the Power of Attorney has been submitted, PTO will issue an invitation to submit it within a 15-30 day deadline.
       
  • Registration Procedure:
    • The Application is filed with and examined by The Institute for Intellectual Property of Bosnia and Herzegovina (the Institute)
    • The Institute examines absolute grounds for refusal
    • The registration procedure takes approximately three years as from the Application date
  • Opposition:
    • Opposition against the published Trademark Application can be filed within three months as from the date of publication
  • Duration:
    • Upon payment of the ten-years protection fee, the Trademark is valid for 10 years from the application date, except in the case of revalidation (see below).
    • Upon payment of renewal fees the Trademark can be extended for a further 10 years, indefinitely. The renewal fees can be paid during the last year of the previous ten year protection period or up to six months after the expiration date with a fine of 50% of the renewal fees.
  • Recording changes in the Register:
    1.  Assignment of Right Requirements:
      • Power of Attorney simply signed by the Assignee
      • Assignment document signed by the Assignor and the Assignee (original document or certified copy required, together with the certified translation into Bosnian)
    2.  Change of Name Requirements:
      • Power of Attorney indicating the new name of the company, simply signed by the Company's representative
      • a) Extract from the Register of Companies showing the change of name or
      • b) Statement from the Secretary of State showing the change of name
    3.  Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Patents

  • Filing a Conventional Application – Requirements
    • Name and address of the Applicant
    • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application
    • Priority date, country and number
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • The document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted subsequently, within two months as from the Application date. This term can be extended for an additional two months
    • Power of Attorney simply signed by the Applicant. The Power of Attorney should be submitted with the application or as soon as possible following the filing of the application. However, if the patent reaches the formal examination stage before the Power of Attorney has been submitted, PTO will issue an invitation for submit it within a 15-30 days deadline.
    • Priority document – can be submitted subsequently, within two months from the Application date. This term can be extended for an additional two months
    • The Application is to be filed within one year from the priority date
    • Translation of the specification, claims and abstract into the local language, can be filed subsequently
  • Filing a National Phase of PCT Application – Requirements
    • Name and address of the Applicant
    • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Priority date, country and number
    • International Search report
    • International Preliminary Examination Report for the applications filed under Chapter II of the Patent Corporation Treaty
    • PCT Request
    • PCT Publication page
    • The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted within two months from the Application date. This term can be extended for an additional two months
    • Power of Attorney simply signed by the Applicant – can be submitted within one month from the Application date. This term can be extended for an additional two months
    • Translation of the specification, claims and abstract into the local language, can be filed subsequently
  • Time limits for filing a National phase of PCT Application
    • The Application is to be filed with the Institute within 34 months as from the Priority Application date.
  • Registration Procedure
    • Applications are published in the Official Gazette. Six months after the publication one of the following claims should be filed with the Institute:
    • a) Claim for substantive examination of Patent Application;
    • b) Claim for examination of Patent Application based on the Patent granted for the same invention by the institution bearing the status of the International authority for evaluating patents or
    • c) Claim for the granting of the Patent without substantive examination
  • Duration
    • 20 years from the application date for conventional Patents
    • 20 years from the International filing date for the National Phase of PCT patents
    • A consensual patent is valid for 10 years as from the application date
    • protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after expiration of the protection period at the latest, with a 50% fine
  • Validation of the European Patent - requirements: Bosnia and Herzegovina is an extension state of EPO
    • Name and address of the Applicant
    • Application date and number of the European Patent Application
    • Registration date and number of the European Patent Application
    • Translation of the Patent claims into the local language.
    • Power of Attorney simply signed by the Applicant - can be submitted subsequently, within one month from the Application date
  • Time limits for filing the Application for validation of the European Patent
    • The Application for validation of the European Patent is to be filed within 3 months from the date of publication of the granting of the European Patent
  • Recording changes in the Register:
    1.  Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
      • Power of Attorney simply signed by the Assignee
      • Original Assignment document or certified copy of it
    2.  Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
      • a) Extract from the Registers of Companies showing the change of name; or
      • b) Statement from the Secretary of State showing the change of name
    3.  Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Industrial Design

  • Filing the Application – Requirements
    • Name and address of the Applicant
    • Name and address of the author or a declaration that the author chooses not to be mentioned in the application
    • Information regarding the number of external shapes the protection is requested for
    • Full and short title of the industrial design
    • A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested)
    • Power of Attorney simply signed by the Applicant. The Power of Attorney should be submitted with the application or as soon as possible following the filing of the application. However, if the design reaches the formal examination stage before the Power of Attorney has been submitted, PTO will issue an invitation to submit it within a 15-30 day deadline.
  • Registration Procedure
    • The Institute performs the formal examination of applications. If the application meets the prescribed formal requirements, the Institute will issue the Decision to grant
    • The first five years of protection fees are payable upon the granting of the Industrial Design. The fees for each subsequent five years are payable during the final year of the previous protection period or up to six months after the expiration of the fifth year with a 50% fine
  • Duration
    • 25 years as from the Application Date
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
      • Power of Attorney simply signed by the Assignee
      • Original assignment document or certified copy of it.
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
      • a) Extract from the Register of Companies showing the change of name or
      • b) Statement from the Secretary of State showing the change of name
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Bulgaria

 

Bulgaria IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • Filing a National Phase of PCT Application - Requirements
  • Time limits for filing a National phase of PCT Application
  • European Patent
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions:

  • Paris Convention
  • Madrid Agreement
  • Madrid Protocol
  • PCT Convention
  • EPC
  • Patent Law with the amendments in force from 18 May 2012
  • Law on Marks and Geographical Indications of 15 December 1994
  • Law on Industrial Design of 15 December 1999

Trademarks

  • Filing the Application – Requirements:
    • Name and address of the Applicant
    • Representation of the Mark
    • List of Goods and Services according to Nice Classification 10th Edition (Classes 1-45)
    • Power of Attorney simply signed by the Applicant. The PoA can be submitted subsequently
    • A priority can be claimed within two months from filing the application, indicating the date of filing and the country of the priority application. The original priority document can be submitted within 3 months from the Application date
  • Registration Procedure:
    • The Application is filed with and examined by the Patent Office;
    • Absolute grounds for refusal are examined ex-officio after which the application is published
    • Observations based on the absolute grounds and opposition on relative grounds could be filed within three months after the publication
    • The registration procedure can take from 9-10 months, if no opposition was filed, to 2-3 years, in case an opposition was filed
  • Opposition:
    • Opposition against the registration of a national trademark can be filed within three months from the date of its publication. For international trademarks designating Bulgaria, oppositions should be filed between the sixth and ninth month after publication in the Official Bulletin of the BPO.
  • Duration:
    • Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date
    • Upon payment of renewal fees the registration of a Trademark can be renewed for a further 10 years. The renewal fees can be paid during the final year of the protection period or within six months after that, with a fine
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignee or the Assignor
      • Assignment document simply signed by the Assignor and the Assignee. Notarization or legalization are not required.

       

    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
      • Extract from the Register of Companies showing the change of name (or a similar document depending on the local legislation, for example a Statement from the Secretary of State)

       

    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Patents

  • Filing a Conventional Application – Requirements
    • Name and address of the Applicant
    • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application
    • Priority date, country and number
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Power of Attorney simply signed by the Applicant – can be submitted subsequently
    • Priority document – can be submitted subsequently, within three months from the Application date
    • The Application is to be filed within one year from the priority date
    • Translation of the description, claims and abstract into the local language, can be filed subsequently within four months from the Application date
  • Filing a National Phase of PCT Application – Requirements
    • Name and address of the Applicant
    • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Priority date, country and number
    • International Search report
    • International Preliminary Examination Report
    • PCT Request
    • PCT Publication page
    • Power of Attorney simply signed by the Applicant – can be submitted subsequently.
    • Translation of description, claims and abstract into the local language.
  • Time limits for filing a National phase of PCT Application
    • The Application is to be filed with the Office within 31 months from the Priority Application date.
  • European Patent
    • Bulgaria has been a member of the European Patent Organization since July 1, 2002
  • Registration Procedure
    • Patent Applications are to be published within 18 months from the Application date. Interested parties can file objections against the published patent application within three months from the publication of the application date. The Office performs the full examination of the Patent Application. Patents Granted are published in the Official Gazette
  • Duration
    • 20 years from the application date for conventional Patents
    • 20 years from the International filing date for the National Phase of PCT patents
    • 20 years from the Application Date for the European Patents.
    • Protection fees are to be paid annually, prior to the last day of the month in which the preceding patent year expires.
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor or the Assignee
      • Assignment document simply signed by the Assignor and the Assignee. Notarization or legalization are not required.

       

    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
      • a) Extract from the Register of Companies showing the change of name or
      • b) Statement from the Secretary of State showing the change of name

       

    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Industrial Design

  • Filing the Application – Requirements
    • Name and address of the Applicant
    • Name and address of the author or a declaration that the author chooses not to be mentioned in the application
    • Information regarding the number of external shapes the protection is requested for
    • Full and short title of the industrial design
    • A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested)
    • Description of the product to which Industrial Design relates
    • Classification index
    • Power of Attorney simply signed by the Applicant's representative
    • Priority document
  • Registration Procedure
    • Industrial Design Applications are examined by the Office. If the application meets the prescribed requirements, the Office will issue the Decision to grant
    • The first ten-year protection fee is payable upon granting. The Industrial Design can be extended three times, for five years each time
  • Duration
    • 25 years from the Application Date
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor or the Assignee
      • Assignment document simply signed by the Assignor and the Assignee. Notarization or legalization are not required.

       

    2. Change of Name Requirements:

      • Power of Attorney indicating the new name, simply signed by a representative of the Company
      • a) Extract from the Register of Companies showing the change of name; or
      • b) Statement from the Secretary of State showing the change of name

       

    3. Change of Address Requirements:

      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Croatia

 

Croatia IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Opposition
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • Filing a National Phase of PCT Application - Requirements
  • Time limits for filing a National phase of PCT Application
  • Registration Procedure
  • Duration
  • Extension of validity of the European Patents
  • Filing of SPC Application
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions:

  • WIPO Convention
  • Paris Convention
  • WTO TRIPS Agreement
  • Madrid Agreement
  • Singapore Treaty on the Law of Trademarks
  • Trademark Law Treaty
  • PCT Convention
  • Patent Law Treaty
  • European Patent Convention
  • Budapest Treaty
  • Hague Agreement
  • Lisbon Agreement
  • Locarno Agreement
  • Nice Agreement
  • Vienna Agreement
  • Trademark Law entered into force on 1 January 2004 with the last amendment on 7 May 2011
  • Patent Law entered into force on 1 January 2004 with the last amendment on 29 June 2013
  • Law on Design entered into force on 1 January 2004 with the last amendment on 7 May 2011
  • Copyright and related Rights Law entered into force on 30 October 2003 with the last amendment on 5 December 2013
  • Geographical Indications Law entered into force on 1 January 2004 with the last amendment on 7 May 2011
  • Law on the protection of topographies of Integrated Circuits entered into force on 1 January 2004 with the last amendment on 7 May 2011
  • Council Regulation (EC) no. 207/2009 of 26 February 2009 on Community trademarks
  • Council Regulation (EC) no. 6/2002 of 12 December 2001 on Community designs
     

Trademarks

  • Filing the Application – Requirements:
    • Name and address of the Applicant
    • Representation of the Mark
    • List of Goods and Services according to Nice Classification 10th Edition (Classes 1-45)
    • Priority date, country and number and the original Priority document which can be submitted subsequently within three months from the Application date
    • Power of Attorney simply signed by the Applicant. The PoA can be submitted subsequently within two months from notification issued by the SIPO. This term is non-extendable
  • Registration Procedure:
    • The Application is filed with and examined by the State Intellectual Property Office
    • The Intellectual Property Office examines absolute grounds for refusal
    • The registration procedure takes approximately eight to ten months from the application date
  • Opposition:
    • Trademark Applications are published in the Official Gazette. Opposition against a Trademark Application can be filed within three months from the publication date
  • Duration:
    • Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date.
    • Upon payment of renewal fees, the Trademark can be extended for a further 10 years. The renewal fees can be paid during the last year of the previous ten year protection period or up to six months after the expiration date with a fine of 100% of the renewal fees.
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature, original is required
      • Assignment document, simply signed by the Assignor and the Assignee, clearly indicating Name and Function of the person signing, and Place and Date of signature  (if there is a company seal, the same should be applied). As an alternative a certified copy of the Assignment document or a certified excerpt from the Assignment document or an original Declaration of assignment can be submitted.
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Patents

  • Filing a Conventional Application – Requirements
    • Name and address of the Applicant
    • Name of the Invention
    • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application
    • Priority date, country and number
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Power of Attorney simply signed by the Applicant – can be submitted subsequently, within two months from notification issued by the SIPO. This term is non-extendable.
    • Priority document – can be submitted subsequently, within two months from the Application date.
    • The Application is to be filed within one year from the priority date
    • Translation of the specification, claims and abstract into the local language, can be filed subsequently
  • Filing a National Phase of PCT Application – Requirements
    • Name and address of the Applicant
    • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Priority date, country and number
    • International Search report
    • International Preliminary Examination Report for the applications filed under Chapter II of the Patent Corporation Treaty
    • PCT Request
    • PCT Publication page
    • Power of Attorney simply signed by the Applicant – can be submitted within two months from notification issued by the SIPO. This term in non-extendable.
    • Translation of the specification, claims and abstract into the local language, can be filed subsequently
  • Time limits for filing a National phase of PCT Application
    • The Application is to be filed with the Office within 31 months from the Priority Application date
  • Registration Procedure
    • Applications are published in the Official Gazette. Six months after publication one of the following claims should be filed with the Croatian Intellectual Property Office:
    • a) Claim for substantive examination of the Patent Application;
    • b) Claim for examination of the Patent Application based on the Patent granted for the same invention by the institution bearing the status of the International authority for evaluating patents or
    • c) Claim for the granting of the Patent without substantive examination
  • Duration
    • 20 years from the application date for conventional Patents
    • 20 years from the International filing date for the National Phase of PCT patents
    • petty patent is valid for 10 years from the application date
    • protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after expiration of the protection period at the latest, with a 100% fine
  • Validation of the European Patent - requirements: Croatia become a member state of EPO on 1 January 2008
    • European Patent Application filed after 1 April 2004 and designating Croatia
    • Name and address of the Applicant
    • Application date and number of the European Patent Application
    • Registration date and number of the European Patent Application
    • Translation of the Patent claims into Croatian. If the EP Application is originally filed in French or German, the English translation of the patent's description and claims is required.
    • Power of Attorney simply signed by the Applicant - can be submitted subsequently.
  • Time limits for filing the Application for validation of the European Patent
    • The Application for validation of the European Patent is to be filed within 3 months from the date of publication of the granting of the European Patent
  • Filing of SPC Application – Requirements:
    • European Marketing Authorization with translation into Croatian (any annexes that are not in English, must also be translated into Croatian)
    • Power of Attorney simply signed by the Applicant. The PoA can be submitted subsequently within two months from notification issued by the SIPO. This term is non-extendable.
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignee
      • Assignment document signed by the Assignor and the Assignee and notarized by a Notary Public
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Industrial Design

  • Filing the Application – Requirements
    • Name and address of the Applicant
    • Name and address of the author or a declaration that the author chooses not to be mentioned in the application
    • Information regarding the number of external shapes the protection is requested for
    • A presentation of the shape for which being the subject of protection is sought (photograph or a graphic presentation of the product for which protection is requested)
    • Indication of the product into which the design is intended to be incorporated or to which it is intended to be applied
    • Information identifying the duly authorised representative with power of attorney if the applicant has appointed one
    • Information identifying the common representative, if a joint application has been filed
    • Power of Attorney simply signed by the Applicant – can be submitted within two months from notification issued by the SIPO. This term is non-extendable.
  • Registration Procedure
    • The Office performs the formal examination of applications. If the application meets the prescribed formal requirements and the first five-year protection fee is paid, the Office will issue the Decision to grant
    • The fees for each subsequent five years are payable during the last year of the previous protection period or up to six months after the expiration of the fifth year with a 100% fine
  • Duration
    • 25 years from the Application Date
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignee
        • Assignment document signed by the Assignor and the Assignee and notarized by a Notary Public (if there is a company seal, this should be used). As an alternative, a certified copy of the Assignment document, a certified excerpt from the Assignment document or an original Declaration of assignment can be submitted.
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Czech Republic

 

Czech Republic IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Opposition
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • Filing a National Phase of PCT Application - Requirements
  • Time limits for filing a National phase of PCT Application
  • Registration Procedure
  • European Patent
  • Duration
  • Recording changes in the Register

Utility models

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions

  • TRIPs
  • Paris Convention
  • WIPO Convention
  • Madrid Agreement
  • Madrid Protocol
  • Trademark Law Treaty
  • Nice Agreement
  • Vienna Agreement (Czech Republic is not a contracting party of an agreement but using Vienna classification)
  • PCT Convention
  • European Patent Convention (EPC)
  • Patent Law Treaty
  • Strasbourg Agreement
  • Budapest Treaty
  • Locarno Agreement
  • Lisbon Agreement
  • Czech Patent Act of 1 January 1991
  • Czech Utility Models Act of 26 October 1992
  • Czech Industrial Design Act of 1 October 2000
  • Czech Trademark Act of 1 April 2004
Trademarks
  • Filing the Application – Requirements:
    • Name and address of the Applicant
    • Representation of the Mark
    • List of goods and services according to Nice Classification 10th edition (Classes 1-45)
    • Priority date, country and number and the original Priority document which can be submitted subsequently
    • Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently. The term for submitting the PoA can be extended several times
  • Registration Procedure:
    • The Application is filed and examined with the Patent and Trademark Office (Office)
    • The registration procedure takes 6-9 month (no opposition filed) as from the application date
  • Opposition:
    • The opposition can be filed against the published Trademark Application within three months as from the date of publication
  • Duration:
    • Upon payment of registration fees the Trademark is valid for 10 years as from the application date
    • Upon payment of renewal fees the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last year of previous ten years protection period or up to six months after the expiration date with a fine of 100% of the renewal fees
  • Recording changes in the Register: 1. Assignment of rights Requirements:
    • Power of Attorney simply signed by the Assignor or Assignee
    • Original Assignment document simply signed by the Assignor and the Assignee or the copy of the Assignment document signed by the Assignor and the Assignee and notarized by Notary public

    2. Change of name Requirements:

    • Power of Attorney indicating the new name of the company, simply signed by the representative of the Company
    • a) certificate from the Register of the companies evidencing change of name or
    • b) statement of the Secretary of State evidencing change of name

    3. Change of address Requirements:

    • Power of Attorney indicating the new address, simply signed by a representative of the Company
    • a) certificate from the Register of the companies evidencing change of address or
    • b) statement of the Secretary of State evidencing change of address
Patents
  • Filing a Conventional Application – Requirements
    • Name and address of the Applicant
    • The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application
    • Priority date, country and number
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • The document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently
    • Power of Attorney simply signed by the Applicant – can be submitted subsequently
    • Priority document – can be submitted subsequently
    • The Application is to be filed within one year as from the priority date
    • Translation of description, claims and abstract into local language, can be filed subsequently
  • Filing a National Phase of PCT Application – Requirements
    • Name and address of the Applicant
    • The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Priority date, country and number
    • International Search report
    • International Preliminary examination report
    • PCT Publication page
    • The document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently
    • Power of Attorney simply signed by the Applicant – can be submitted subsequently
    • Translation of description, claims and abstract into local language, can be filed subsequently
  • Time limits for filing a National phase of PCT Application
    • The Application is to be filed with the Office within 31 months as from the Priority Application date
  • Registration Procedure
    • Application is to be published within 18 months as from the application date or as from the priority date
    • Request for full examination is to be filed within 36 months as from the filing date or as from the International filing date
  • European Patent
    • Czech Republic is a member of the European Patent Organization as from 1 July 2002
  • Duration
    • 20 years as from the application date for conventional Patents
    • 20 years as from the International filing date for the National phase of PCT patents
    • 20 years as from the European filing date for EP
    • the protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest with 100% fine
  • Recording changes in the Register: 1. Assignment of rights Requirements:
    • Power of Attorney simply signed by the Assignor or Assignee
    • Original Assignment document simply signed by the Assignor and the Assignee or copy of the Assignment document signed by the Assignor and the Assignee and notarized by Notary Public

    2. Change of name Requirements:

    • Power of Attorney indicating the new name, simply signed by a representative of the Company
    • a) certificate from the Register of companies evidencing change of name or
    • b) statement of the Secretary of State evidencing change of name

    3. Change of address Requirements:

    • Power of Attorney indicating the new address, simply signed by a representative of the Company
    • a) certificate from the Register of companies evidencing change of address or
    • b) statement of the Secretary of State evidencing change of address
Utility models
  • Filing the Application
    • Name and address of the Applicant
    • The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application
    • Priority date, country and number
    • Description of Utility Model
    • Claims
    • Drawings (if any)
    • The document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently
    • Power of Attorney simply signed by the Applicant – can be submitted subsequently
    • Priority document – can be submitted subsequently
    • The Application is to be filed within one year as from the priority date
    • Translation of description an claims into local language, can be filed subsequently
  • Registration Procedure
    • Application is to be usually registered within 6 months as from the application date or as from the priority date (registration principle)
  • Duration
    • 10 years as from the application date for Utility Model
    • The first term of protection of a utility model is four years, at the request of its owner may be extended twice for three years
    • The renewal fees can be paid during the last year of previous protection period or up to six months after the expiration date with a fine of 100% of the renewal fees
  • Recording changes in the Register: 1. Assignment of rights Requirements:
    • Power of Attorney simply signed by the Assignor or Assignee
    • Original Assignment document simply signed by the Assignor and the Assignee or copy of the Assignment document signed by the Assignor and the Assignee and notarized by Notary Public

    2. Change of name Requirements:

    • Power of Attorney indicating the new name, simply signed by a representative of the Compan
    • a) certificate from the Register of companies evidencing change of name or
    • b) statement of the Secretary of State evidencing change of name

    3. Change of address Requirements:

    • Power of Attorney indicating the new address, simply signed by a representative of the Company
    • a) certificate from the Register of companies evidencing change of address or
    • b) statement of the Secretary of State evidencing change of address
Industrial Design
  • Filing the Application – Requirements
    • Name and address of the Applicant
    • Name and address of the author or notice that the author chooses not to be mentioned in the application
    • Information regarding the number of external shapes the protection is requested for
    • Full and short title of the industrial design
    • A two-dimensional presentation of the shape being the subject of protection (photograph or a graphic presentation of the product the protection is requested for)
    • Power of Attorney simply signed by the Applicant – can be submitted within one month as from the Application date. This term can be extended for an additional two months
  • Registration Procedure
    • The Industrial Design Application is examined by the Patent and Trademark Office. If the Application meets prescribed requirements, the Office is issuing the Decision on grant
    • The fees are payable each five years
  • Duration
    • 25 years as from the Application Date
  • Recording changes in the Register: 1. Assignment of rights Requirements:
    • Power of Attorney simply signed by the Assignor
    • Power of Attorney simply signed by the Assignee
    • Original Assignment document simply signed by the Assignor and the Assignee or copy of the Assignment document signed by the Assignor and the Assignee and notarized by Notary Public

    2. Change of name Requirements:

    • Power of Attorney indicating the new name, simply signed by a representative of the Company
    • a) certificate from the Register of companies evidencing change of name or
    • b) statement of the Secretary of State evidencing change of name

    3. Change of address Requirements:

    • Power of Attorney indicating the new address, simply signed by a representative of the Company
    • a) certificate from the Register of companies evidencing change of address or
    • b) statement of the Secretary of State evidencing change of address

Hungary

 

Hungary IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • Filing a National Phase of PCT Application - Requirements
  • Time limits for filing a National phase of PCT Application
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions:

  • Paris Convention
  • Madrid Agreement
  • Madrid Protocol
  • PCT Convention
  • EPC
  • Patent Law of 1 January 1996
  • Law on the protection of Trademarks and Geographical Indications of 1 July 1997
  • Law on the protection of Industrial Design of 1 January 2002

Trademarks

  • Filing the Application – Requirements:
    • Request for registration
    • Name and address of the Applicant
    • Representation of the Mark (the sign)
    • List of Goods and Services according to Nice Classification 10th Edition (Classes 1-45)
    • Priority date, country and number and the original Priority document which can be submitted subsequently within 3 months from the Application date
    • Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently within 30 days
  • Registration Procedure:
    • Trademarks applications are subject to the payment of a filing fee; the fee must be paid within two months from the date of filing.
    • The registration procedure takes about nine months from the application date.
    • Where the list of goods or services in the trademark application has been prepared in a foreign language, the list of goods or services must be filed in Hungarian within four months from the date of filing.
  • Observation
    • During the procedure for the registration of a trademark any person may file an observation with the Hungarian Intellectual Property Office to the effect that the sign may not be granted trademark protection.
  • Publication of the trademark application
    • If a trademark application satisfies the requirements the Hungarian Intellectual Property Office will publish it, at the earliest, one month after the search report has been sent to the applicant.
    • After publication, official information will be published in the official journal of the Hungarian Intellectual Property Office.
  • Opposition:
    • Opposition against the published Trademark Application can be filed within three months from the date of publication
  • Registration of the trademark
    • If the trademark application and the sign to which it relates meet all the requirements of the examination the Hungarian Intellectual Property Office will register the subject matter of the application as a trademark. The date of the decision on registration will be the date of registration of the trademark.
  • Duration:
    • Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date
    • Upon payment of renewal fees the Trademark can be extended for a further 10 years. The renewal fees can be paid during the last year of the previous ten year protection period
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Original assignment deed
        • General Power of Attorney (if not general, the trademark will be left unrepresented)
    2. Change of Name Requirements:
      • Change of name document (company extract, deed of association, notarial document)
        • General Power of Attorney (if not general, the trademark will be left unrepresented)
    3. Change of Address Requirements:
      • Change of address document (company extract, deed of association, notarial document)
      • General Power of Attorney (if not general, the trademark will be left unrepresented)

Patents

  • Filing a Conventional Application – Requirements
    The application must contain the following elements:

    • Request
    • Name and address of the Applicant
    • Name and address of the Inventor(s)
    • Priority date, country and number
    • Description of Patent
    • Patent Claim or Claims
    • One or more drawings (where drawings are necessary for an understanding of the invention)
    • Abstract – summary of the invention
    • The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently
    • Power of Attorney simply signed by the Applicant – it can be submitted subsequently
    • Priority document – can be submitted subsequently, within four months from the Application date
    • Translation of the description, claims and abstract into the local language, can be filed subsequently within four months from the Application date
    • Fee shall be paid
  • Filing a National Phase of PCT Application – Requirements
    • Name and address of the Applicant
    • Name and address of the Inventor(s)
    • Description of Patent
    • Patent Claim or Claims
    • One or more drawings (where drawings are necessary for an understanding of the invention)
    • Abstract – summary of the invention
    • Priority date, country and number
    • International Search report
    • International Preliminary Examination Report for the applications filed under Chapter II of the Patent Corporation Treaty
    • PCT Request
    • PCT Publication page
    • The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted subsequently. The term can be extended for a maximum of 9 months
    • Power of Attorney simply signed by the Applicant – can be submitted subsequently. The term can be extended for a maximum of 9 months
    • Translation of description, claims and abstract into the local language, can be filed subsequently
  • Time limits for filing a National phase of PCT Application
    • The Application is to be filed with the Office within 30 months as from the Priority Application date
  • Registration Procedure
    • The Search Report issued by the Office is published after the formalities have been completed. The Applicant is obliged to file the request for full examination of the Patent Application within 6 months from the day of publication of the search report and pay the official fee for the full examination. The fees are payable from publication of the search report. Observations can be filed by anyone during the patent granting procedure. The person filing the observation is not party to the proceedings before the Office. However, the Office should submit its Decisions to the person filing the observation
  • Duration
    • 20 years from the application date for conventional Patents
    • 20 years from the International filing date for the National Phase of PCT patents
    • Definitive plant variety protection will have a term of 25 years or, in the case of vines and trees, a term of 30 years, from the date of the granting of the protection
    • The protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or three months after the expiration of the protection period without any surcharge; or during the 4th– 6th months from the expiry date with a 50% fine. The first payment should be made upon publication of the Patent Application
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
        • Power of Attorney simply signed by the Assignee
        • Assignment document simply signed by the Assignor and the Assignee – no legalization or notarization is required
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
        • a) Extract from the Register of Companies showing the change of name or
        • b) Statement from the Secretary of State showing the change of name
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company
        • a) The extract from the Register of Companies showing the change of address or
        • b) The statement from the Secretary of State showing the change of address

Industrial Design

  • Filing the Application – Requirements
    • Reference to the right to design protection
    • Name and address of the Applicant
    • Name and address of the author or a declaration that the author chooses not to be mentioned in the application
    • Information regarding the number of external shapes the protection is requested for
    • Full and short title of the industrial design
    • Representation of the design
    • Description of the product according to the design or reference to the priority document
    • A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested)
    • Power of Attorney simply signed by the Applicant's representativ
    • Priority document
    • Filing fee must be paid duly
  • Registration Procedure
    • Following the filing of the design application, the Hungarian Intellectual Property Office examines whether the application conforms with the conditions prescribed at the date of filing
  • Duration
    • Design protection will have a term of five years starting on the date of filing.
    • Design protection can be renewed for further periods of five years, four times at the most. In the case of renewal, the new design protection period will begin on the day following the expiration date of the previous period.
    • Design protection cannot be renewed after the expiration of a period of twenty-five years from the date of filing
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
        • Power of Attorney simply signed by the Assignee
        • Assignment document simply signed by the Assignor and the Assignee – no legalization or notarization is required
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
        • a) Extract from the Registers of Companies showing the change of name or
        • b) Statement from the Secretary of State showing the change of name
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company
        • a) The extract from the Register of Companies showing the change of address or
        • b) The statement from the Secretary of State showing the change of address

Kosovo*

 

Kosovo* IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Opposition
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register
  • Patent Law of 29 August 2011          
  • Law amending and supplementing Patent Law of 24 August 2015
  • Trademark Law of 24 August 2011
  • Law amending and supplementing Trademark Law of 24 August 2015
  • Law on Industrial Design of 31 December 2015
  • Law on Geographic Indication and Designation of Origin of 12 January 2016
  • Law on Determining the Rights and Protection of Topographies and Integrated Circuits of 20 July 2010
  • Law on Copyright and Related Rights of 30 November 2011
  • Law on Amending and Supplementing Law on Copyright and Related Rights of 3 November 2016

Trademarks

  • Filing the Application – Requirements:
    • Name and address of the Applicant
    • Representation of the Mark
    • List of Goods and Services according to Nice Classification 11th Edition (Classes 1-45)
    • Priority date, country and number and the original Priority document which can be submitted subsequently within three months from the Application date along with a certified translation into the local language. This term cannot be extended
    • Power of Attorney simply signed by the Applicant. The PoA can be submitted subsequently
  • Registration Procedure:
    • The Application is filed with and examined on absolute grounds by the Intellectual Property Office
    • The registration procedure takes approximately two years from the application date
  • Opposition:
    • Oppositions against published trademark applications can be filed within three months from the application publication date. 
  • Duration:
    • Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date
    • Upon payment of renewal fees, the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last six months of the previous ten year protection period or up to six months after the expiration date with a fine of 50% of the renewal fees.
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal - if the applicant is a company
        • Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal - if the applicant is a company)
        • Assignment document signed by the Assignor and the Assignee. Document must be notarized by a Notary Public
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, signed by a representative of the Company (date, full name, position, facsimile or seal - if the applicant is a company)
        • Certified extract from the Register of Companies showing the change of name
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, signed by a representative of the Company (date, full name, position, facsimile or seal - if the applicant is a company)
      • Certified extract from the Register of Companies showing the change of address

Patents

  • Filing a Conventional Application – Requirements
    • Name and address of the Applicant
    • List of inventors
    • Priority date and number
    • Specification of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Power of Attorney signed by the Applicant (date, name, family name, position, facsimile or seal - if the applicant is a company) – can be submitted subsequently, within the term given by the PTO
    • The Application is to be filed within one year as from the priority date
    • Translation of specification, claims and abstract into Albanian language
  • Registration Procedure
    • The Kosovo IP Office examines only the formal requirements and if those are fulfilled it grants the patent. In order to obtain a fully registered patent, the Applicant is obliged to submit evidence that the patent for the same invention has been granted by the institution bearing the status of the International authority for evaluating patents or, if no evidence is submitted, the patent is only valid for ten years.
  • Duration
    • 20 years from the application date for conventional Patents
    • The protection fees are to be paid annually, prior to or on the anniversary of the filing date or within the following six months with fine. 
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal - if the applicant is a company)
        • Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal - if the applicant is a company)
        • Assignment document signed by the Assignor and the Assignee. Document must be notarized by a Notary Public.
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, signed by a representative of the Company (date, full name, position, facsimile or seal - if the applicant is a company)
        • Certified extract from the Register of Companies showing the change of name
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, signed by a representative of the Company (date, full name, position, facsimile or seal - if the applicant is a company)
      • Certified extract from the Register of Companies showing the change of address

Industrial Design

  • Filing the Application – Requirements
    • Name and address of the Applicant
    • Name and address of the author or a declaration that the author chooses not to be mentioned in the application
    • Information regarding the number of external shapes the protection is requested for
    • Full and short title of the industrial design
    • A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested)
    • Description (not mandatory)
    • Power of Attorney simply signed by the Applicant's representative
  • Registration Procedure
    • Industrial Design Applications are examined by the National Office. If the application meets the prescribed requirements, the Office will issue the Decision to grant
    • The fees for the first five years of protection are payable once the Design is granted. From the 6th to the 25th year the fees are payable for periods of 5 years
  • Duration
    • 25 years from the Application Date
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal - if the applicant is a company)
      • Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal - if the applicant is a company)
      • Assignment document signed by the Assignor and the Assignee. Document must be notarized by a Notary Public
    2. Change of name Requirements:
      • Power of Attorney indicating the new name, signed by a representative of the Company (date, full name, position, facsimile or seal - if the applicant is a company)
      • Certified extract from the Register of Companies showing the change of name
    3. Change of address Requirements:
      • Power of Attorney indicating the new address, signed by a representative of the Company (date, full name, position, facsimile or seal - if the applicant is a company)
      • Certified extract from the Register of Companies showing the change of address

Macedonia FYROM

 

Macedonia FYROM IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Opposition
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • Filing a National Phase of PCT Application - Requirements
  • Time limits for filing a National phase of PCT Application
  • Extension of a European Patent - requirements
  • Time limits for filing the Application for the Extension of the European Patent
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions:

  • Paris Convention
  • Madrid Agreement and the protocol from the agreement
  • PCT convention
  • Lisbon agreement
  • Hague Agreement
  • Budapest Treaty
  • TRIPS Agreement
  • Strasbourg Agreement
  • Nice Agreement
  • Vienna Agreement
  • Locarno Agreement
  • European Patent Convention
  • Convention on International Exhibitions
  • Singapore Treaty
  • Intellectual Property Law of 17 February 2009

Trademarks

  • Filing the Application – Requirements:
    • Name and address of the Applicant
    • Representation of the Mark
    • List of Goods and Services according to Nice Classification 9th Edition (Classes 1-45)
    • Priority date, country and number and the original Priority document which can be submitted subsequently within 60 days from the Application date
    • Power of Attorney signed by the Applicant (date, name, family name, position, facsimile or seal - if the applicant is a company). The PoA can be submitted subsequently within 60 days from the application date.
  • Registration Procedure:
    • The Application is filed with the Macedonian State Office of Industrial Property
    • The Office examines absolute grounds for refusal. The Application is published and opposition can be filed against it within 90 days from publication date
    • The registration procedure takes approximately one to two years from the application date
  • Opposition:
    • Opposition can be filed within 90 days from application publication date
  • Duration:
    • Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date
    • Upon payment of renewal fees the Trademark can be extended for a further 10 years. The renewal fees can be paid during the last year of the previous ten year protection period or three months after the expiration date with a fine of 25% of the renewal fees or 3-9 months after the expiration date with a fine of 100% of the renewal fees
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal - if the applicant is a company)
        • Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal - if the applicant is a company)
        • Assignment document signed by the Assignor and the Assignee. Document must be legalized by the Apostille or notarized by a Notary Public
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, signed by a representative of the Company (date, name, family name, position, facsimile or seal – if the applicant is a company).
        • Certified extract from the Register of Companies showing the change of name
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, signed by a representative of the Company (date, name, family name, position, facsimile or seal – if the applicant is a company).

Patents

  • Filing a Conventional Application – Requirements
    • Name and address of the Applicant
    • List of inventors
    • Priority date and number
    • Specification of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
      • Interpretation of method (institution) of performing the examination procedure, can be submitted subsequently, within 6 (six) months from the Application date
    • Power of Attorney signed by the Applicant (date, name, family name, position, facsimile or seal - if the applicant is a company) – can be submitted subsequently, within one month from the Application date
    • Priority document in original – can be submitted subsequently, within one month from the Application date
    • The Application is to be filed within one year from the priority date
    • Translation of the specification, claims and abstract into Macedonian, can be filed subsequently, within one month from the Application date
  • Filing a National Phase of PCT Application – Requirements
    • Name and address of the Applicant
    • List of inventors
    • Specification of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Priority date and number
    • International Search report
    • International Preliminary Examination Report for the applications filed under Chapter II of the Patent Corporation Treaty
    • PCT Request
    • PCT Publication page
    • Power of Attorney signed by the Applicant (date, name, family name, position, facsimile or seal - if the applicant is a company). – can be submitted within one month from the Application date.
    • Translation of specification, claims and abstract into Macedonian, can be filed subsequently, within one month from the Application date
  • Time limits for filing a National phase of PCT Application
    • The Application is to be filed with the Office within 30 months from the Priority Application date.
  • Extension of a European Patent - requirements
    • Macedonia must be specified as the extension state
    • Name and address of the Applicant
    • Application date and number of the European Patent Application
    • Registration date and number of the European Patent Application
    • Translation of the Patent Claims into Macedonian - can be submitted within 3 months from the date of publication of the granting of the European Patent
    • Power of Attorney signed by the Applicant (date, name, family name, position, facsimile or seal - if the applicant is a company) – can be submitted subsequently, within one month from the Application date
  • Time limits for filing the Application for the extension of the European Patent
    • The Application for the Extension of the European Patent is to be filed within 3 months from the date of publication of the granting of the European Patent
  • Registration Procedure
    • The Applicant is obliged to submit evidence (and its translation into Macedonian) that the European Patent has been granted for the same invention or evidence (and its translation into Macedonian) that the patent for the same invention has been granted by the institution bearing the status of the International authority for evaluating patents within 6 months of receiving the evidence. If no evidence is submitted, the Patent will be valid until the expiration of the 10th year of protection
  • Duration
    • 20 years from the application date for conventional Patents
    • 20 years from the International filing date for the National Phase of PCT patents
    • 20 years from the European filing date for the Applications for extension of EP
    • the protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or three months after the expiration date with a 25% fine or 3-9 months after the expiration of the protection period at the latest with a 100% fine
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal - if the applicant is a company)
        • Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal - if the applicant is a company)
        • Assignment document signed by the Assignor and the Assignee. The document must be legalized by the Apostille or notarized by a Notary Public and can be submitted subsequently, within one month
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, signed by a representative of the Company (date, name, family name, position, facsimile or seal - if the applicant is a company).
        • Certified extract from the Register of Companies showing the change of name
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, signed by a representative of the Company (date, name, family name, position, facsimile or seal - if the applicant is a company).
Industrial Design
  • Filing the Application – Requirements
    • Name and address of the Applicant
    • Name and address of the author or a declaration that the author chooses not to be mentioned in the application
    • Title of the design
    • Photo or drawings of the design
    • Power of Attorney simply signed by the Applicant (date, name, family name, position, facsimile or seal - if the applicant is a company) – can be submitted subsequently, within one month from the Application date
    • Original priority document or Certified copy, if a priority is claimed – can be filed subsequently within 60 days from the date of filing the application
    • Translation of the priority document into Macedonian, can be submitted subsequently, within 60 days
  • Registration Procedure
    • The Application is filed with the Macedonian State Office of Industrial Property
    • The Office examines absolute grounds for refusal. The Application is published and opposition can be filed against it within 90 days from publication date
    • The registration procedure takes approximately one to two years from the application date
  • Opposition: (top)
    Opposition can be filed within 90 days from application publication date
  • Duration
    • 25 years from the Application Date. Renewal fees are payable every five years
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal - if the applicant is a company)
        • Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal- if the applicant is a company)
        • Assignment document signed by the Assignor and the Assignee. Document must be legalized by the Apostille or notarized by Notary Public
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, signed by a representative of the Company (date, name, family name, position, facsimile or seal- if the applicant is a company)
      • Certified extract from the Register of Companies showing the change of name
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, signed by a representative of the Company (date, name, family name, position, facsimile or seal).

Montenegro

 

Montenegro IP Requirements

The New Montenegrin Law on Patents entered into force on August 6, 2015. The New Law on Patents was published in the Official Gazette of Montenegro on July 29, 2015 ("Official Gazette", no. 42 of July 29, 2015).

The new Montenegrin law on Patents seeks to harmonize the national patent legislation with EU legislation. Some of the most important development in new Montenegrin Patent Law relate to:

  • substantive examination –patent owners will have to submit proof of patentability before the end of the 9th year of validity, since the Montenegrin IPO does not conduct substantive examination (Article 46)
  • proof of patentability is a certified copy of the substantive examination performed by an IP Office signed up to the PCT agreement in accordance with Article 32 or performed by another IP office that has signed a cooperation agreement with the Montenegrin IPO (Article 47)
  • revalidation of national Serbia and Montenegro State Union patents within a period of 6 months from the entering into force of the new Patent Law (Article 161)
  • revalidation of European Patents extended to Serbia prior to March 1, 2010 (the date on which Montenegro and EPO signed an agreement) (Article 162) clarification of the procedure for obtaining a Supplementary Protection Certificate (SPC) (Article 87)
  • provisions with respect to court actions

The New Trademark Law entered into force on December 16, 2010.

Montenegrin Trademark Law entered into force on December 16, 2010. However, since its enactment the Trademark Law has undergone significant changes, through the Law on Amendments to the Trademark Law which entered into force on August 9, 2012 and the latest Law on Amendments to the Trademark Law, which entered into force on April 19, 2014. The 2012 Law on Amendments governs international trademarks and their transformation into national registrations, filing opposition and the deadline for filing opposition against international trademarks, registration of international trademarks, vulnerability for non-use, etc. The most recent Law on Amendments is enacted in order to harmonize Montenegrin Trademark Law with the EU legislation. To be more precise, the provisions of Montenegrin Trademark Law in force through the Law on Amendments are aligned with Directive 2008/95/EZ.  Therefore, the latest Law on Amendments should improve the status of well-known trademarks and those with a reputation in Montenegro, while at the same time it introduces the possibility of cancelling trademarks that became generic and no longer have the necessary distinctiveness. Furthermore, beside changes concerning lawsuits and Court proceedings, it is important to mention that the Law on Amendments prescribes the withdrawal from the market, seizure and destruction of goods that infringe somebody's intellectual property rights. Consequently, according to the provisions of the Law on Amendments, the Trademark Holder is entitled to claim damages, while monetary fines for trademark infringement are explicitly prescribed. The most important provisions of the Law on amendments from 2016 were of terminological character, which was helpful for more precise interpretation of the Trademark Law. Also, Law on amendments from 2016 introduced possibility for Licensee to file the opposition claim (of course, with prior approval of the Trademark Holder), as well as for the holder of the personal name, portrait, copyright or other industrial property rights. Finally, the most recent amendments of the Trademark Law from 2017 will change the current way of filing appeals – namely, up to now, appeals were filed before the Ministry of Economy, as the second instance, while from the moment of enactment of the Law on Administrative Procedure, all appeals will have to be filed before the Administrative Court.

 

Conventions

  • Paris Convention
  • Madrid Agreement
  • Madrid Protocol
  • The Bern Convention for the Protection of Literary and Artistic Works
  • Hague Agreement
  • Nice Agreement
  • Locarno Agreement
  • Lisbon Agreement
  • Budapest Treaty
  1. The Patent Cooperation Treaty Trademark Law entered into force on December 16, 2010
  2. The Patent Law entered into force on November 7, 2008
  3. The Law on Legal Protection of Industrial Design entered into force on January 8, 2011
  4. The Copyright and related Rights Law entered into force on July 29, 2011
  5. The Geographical Indications Law entered into force on September 1, 2008
  6. The Law on protection of topographics of Integrated Circuits entered into force on December 21, 2010

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Opposition
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • PCT Applications– International applications may be filed with the International Bureau of the World Intellectual Property Organization, as receiving office under the Treaty.  Only Montenegrin citizens, people residing in Montenegro and companies that have their seat in Montenegro are allowed to file PCT applications before the national IPO. Any international application in which Montenegro has been designated or elected for the granting of a national patent, shall be deemed to be the request for the extension of the European patent to Montenegro and the EPO shall act as designated or elected Office under the Treaty.
  • Extension of the European Patent – requirements
  • Time limits for filing the Application for the Extension of the European Patent
  • Duration
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Trademarks

  • Filing the Application – Requirements:
    • Full name and address of the Applicant
    • Representation (outlook) of the Mark
    • List of Goods and Services according to the Nice Classification 10th addition (Classes 1-45). However, due to the information we received from the local IPO, the 11th Edition of the Nice Classification should be in use from January 1, 2017 but the same is still under preparation
    • Priority date, country and number and the original Priority document which can be submitted subsequently within three months from the Application date along with a certified translation into the local language. This term cannot be extended
    • Power of Attorney simply signed in the name of the Applicant. There is no need for legalization or notarization. Power of Attorney can be submitted subsequently within 60 days from the date of receipt of the Official Invitation from the Office
  • Registration Procedure:
    • The Application is filed with and examined by the Intellectual Property Office of Montenegro
    • The IP Office examines absolute grounds for refusal
    • The registration procedure takes approximately 12 months from the application date
  • Opposition:
    • Opposition can be filed within 90 days as from the publication date of the application
    • The deadline of 90 days for filing the opposition against national trademark applications should be counted as from the date that follows the date of publication of the Intellectual Property Gazette of Montenegro. The deadline of 90 days for filing the opposition against International Registrations should be counted as from the first day of the month that follows the date of publication in the WIPO Gazette.
  • Duration:
    • Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date
    • Upon payment of renewal fees the Trademark will be extended for a further 10 years (this action can be repeated an unlimited number of times)
    • The renewal fees can be paid during the last six months of the previous ten year protection period or up to six months after the expiration date with a fine of +50% of the renewal fees
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney, simply signed in the name of Assignor
      • Power of Attorney, simply signed in the name of Assignee
      • Assignment Document signed by the Assignor and the Assignee. The original Assignment Document or a certified copy of it must be submitted to the local office
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Patents

  • Filing a Conventional Application – Requirements
    • Name and address of the Applicant
    • The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application (statement can be submitted within 3 months as from the application date)
    • Priority date, country and number
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Power of Attorney simply signed by the Applicant – can be submitted subsequently, within 60-90 days as from the receipt of the official invitation.
    • Priority document – can be submitted subsequently, within 3 months as from the application date along with certified translation into the local language. This term cannot be extended
    • The Application is to be filed within one year as from the priority date
    • Translation of description, claims and abstract into local language, can be filed subsequently
  • Extension of a European Patent - requirements
    • As from March 1, 2010 it is possible to designate Montenegro
    • B1 Patent Specification
    • Power of Attorney, simply signed in the name of the Applicant. There is no need for legalization or notarization. POA could be submitted subsequently, within 90 days
    • Translation of patent claims into local language
    • For those European Patents that were filed prior to March 1, 2010 the special rule is prescribed - in case Serbia was designated and the fees for extension were paid for Serbia, it is possible to file a claim before the IPO of Montenegro for issuance of the Validity Certificate – requirements are:
      1. the copy of request for the entry of the extended european patent into the Register of  patents filed before the IPO of Serbia;
      2. B1 Patent Specification;
      3. Power of Attorney, simply signed in the name of the Applicant;
      4. Translation of patent description and claims into local language
  • Time limits for filing the Application for the Extension of the European Patent
    • The Application for the Extension of European Patent is to be filed within 3 months as from the date of publication of grant of the European patent
  • Duration
    • 20 years from the application date for conventional Patents
    • 20 years from the International filing date for the National Phase of PCT patents
    • 20 years from the European filing date for the Applications for extension of European Patents
    • The protection fees are to be paid annually, prior to the expiration date of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest, with a +50% fine
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
      • Power of Attorney simply signed by the Assignee
      • Assignment Document signed by the Assignor and the Assignee. The original Assignment Document or a certified copy of it must be submitted to the local office
    2. Change of Name Requirements
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
      • Extract from the Register of Companies showing the change of name or Statement from the Secretary of State showing the change of name or any Public Document showing the change of name
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company
      • Extract from the Register of Companies showing the change of address or Statement from the Secretary of State showing the change of address or any Public Document showing the change of address

Industrial Design

  • Filing the Application – Requirements
    • Name and address of the Applicant
    • Name and address of the author or a declaration that the author chooses not to be mentioned in the application
    • Information regarding the number of designs the protection is requested for
    • Full and short title of the industrial design
    • A two-dimensional presentation of the designs for which protection is sougth (photograph or a graphic presentation of the product for which protection is requested, 6 depictions per design are allowed)
    • Legal Basis (Declaration) for filing the application, if the application is not filed in the name of the author. The Legal Basis simply has to be signed by a representative of the Applicant
    • Priority date, country and number and the original Priority document which can be submitted subsequently within three months from the Application date along with a certified translation into the local language. This term cannot be extended
    • Power of Attorney, simply signed in the name of the Applicant. The POA can be submitted subsequently within 30 days from  receipt of the Official Invitation
  • Registration Procedure
    • Industrial Design Applications are examined by the Intellectual Property Office (formal requirements only). If the application meets the prescribed requirements, the Office will issue the Decision to grant
    • The fees for the first five years of protection are payable once for the five year period.
    • Upon the payment of renewal fees, the Design will be extended for a further 5 years (this action can be repeated a few times, since the Design duration is 25 years from the application date)
    • The renewal fees can be paid during the last six months of the previous five year protection period or up to six months after the expiration date with a fine of +50% of the renewal fees
  • Duration
    • 25 years from the Application Date
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
      • Power of Attorney simply signed by the Assignee
      • Assignment document signed by the Assignor and the Assignee. The original Assignment Document or a certified copy of it must be submitted to the local office
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
      • Extract from the Register of Companies showing the change of name or Statement from the Secretary of State showing the change of name or any Public Document showing the change of name
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company
      • Extract from the Register of Companies showing the change of address or Statement from the Secretary of State showing the change of address or any Public Document showing the change of address

Poland

 

Poland IP Requirements

Legal Framework:

Paris Convention

Madrid Agreement

Madrid Protocol

Singapore Treaty and its Regulations

Nice and Vienna Agreements

Stockholm Convention establishing the World Intellectual Property Organization

TRIPs

PCT Convention

EPC

Strasbourg Agreement

Hague Agreement and Geneva Act

Locarno Agreement

Visegrad Patent Institute Agreement

Polish Industrial Property Law– Act of June 30, 2000 with amendments and its Regulations

 

Trademarks

Filing the Application – Requirements:

- Request for registration.

- Name and address of the Applicant.

- Applicant’s ID number (if a natural person), Company registry number (if a legal person).

- Representation of the Mark (the sign).

- List of goods and services according to Nice Classification.

- Priority date, country and number and the original priority document (if claimed).

- Power of Attorney signed by the Applicant.

- The Application document must be signed by the Applicant or its representative.

Registration Procedure:

- A trademark application is subject to the payment of a filing fee.

- The registration procedure takes about 12 months from the application date.

- The registration is subject to the payment of a fee (fee for the 10 years of protection and fee for issuing a certificate).

Publication of the trademark application:

- If a trademark application satisfies the requirements, the Polish Patent Office will publish it.

- After publication, official information will be published in the Official Bulletin of the Polish Patent Office.

Opposition:

- Opposition against the published trademark application can be filed within three months from the date of publication in the Official Bulletin

Registration of the trademark:

- If the trademark application and the sign to which it relates meet all the requirements of the examination the Polish Patent Office will register the trademark. The date of the decision on registration will be the date of registration of the trademark

Duration:

- Upon payment of the ten-year registration/protection fee, the Trademark is valid for 10 years from the application date

- Upon payment of renewal fees, the Trademark can be extended for a further 10 years. The renewal fees can be paid during the last year of the previous ten year protection period

- The Renewal fee can be paid up to 6 months after the expiry of a trademark, but an additional “penalty” fee must be paid

Recording changes in the Register:

  1. Assignment of Rights Requirements:

- Original assignment deed/agreement. If documents are prepared in a foreign language, they should be translated into English or Polish and a sworn translation is always recommended.

- Original Power of Attorney duly executed by the owner of the trademark (from the Assignee) and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register).

  1. Change of Name Requirements:

- Change of name document (company extract, deed of association, notarial document). If documents are prepared in a foreign language, they should be translated into English or Polish and a sworn translation is always recommended.

- Original Power of Attorney indicating the new name of the company, signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate).

  1. Change of Address Requirements:

- Change of address document (company extract, deed of association, notarial document). If documents are prepared in a foreign language, they should be translated into English or Polish and a sworn translation is always recommended.

- Original Power of Attorney signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate).

 

Patents

Filing a Conventional Application – Requirements:

The application must contain the following elements:

- Request.

- Name and address of the Applicant.

- Name and address of the Inventor(s).

- Priority date, country and number, priority documents.

- Description of Patent.

- Patent Claim or Claims.

- One or more drawings (where drawings are necessary for an understanding of the invention).

- Abstract – summary of the invention.

- The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors.

- Certificate from the International depositary authority, if the applicant refers to the deposit of biological material.

- Power of Attorney signed by the Applicant.

- Fee.

Filing a National Phase of PCT Application – Requirements:

- Name and address of the Applicant.

- Name and address of the Inventor(s).

- Description of Patent.

- Patent Claim or Claims.

- One or more drawings (where drawings are necessary for an understanding of the invention).

- Abstract – summary of the invention.

- Priority date, country and number.

- International Search report.

- International Preliminary Examination Report for the applications filed under Chapter II of the Patent Corporation Treaty.

- PCT Request.

- PCT Publication page.

- The document showing the assignment of rights by the Inventors in favor of the Applicant, signed by the Inventors.

- Power of Attorney signed by the Applicant.

Time limits for filing a National phase of PCT Application:

- The Application is to be filed with the Office within 30 months from the Priority Application date.

Registration Procedure:

The Search Report issued by the Office is published after the formalities have been completed. Observations can be filed by anyone during the patent granting procedure. The person filing the observation is not party to the proceedings before the Polish Patent Office.

Duration:

- 20 years from the application date for conventional Patents.

- 20 years from the International filing date for the National Phase of PCT patents.

- Definitive plant variety protection will have a term of 25 years.

- The protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid.

Recording changes in the Register:

  1. Assignment of Rights Requirements:
    • Original Power of Attorney duly executed by the Assignee and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register).
    • Assignment document signed by the Assignor and the Assignee (if documents are prepared in a foreign language - a translation is required).
  1. Change of Name Requirements:
    • Original Power of Attorney indicating the new name of the company, signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate).
    • Extract from the Registers of Companies showing the change of name or any other document that may serve as proof of the requested change (if documents are prepared in a foreign language - a translation is required).
  1. Change of Address Requirements:
    • Original Power of Attorney signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate).
    • Extract from the Registers of Companies showing the change of address or any other document that may serve as proof of the requested change (if documents are prepared in a foreign language - a translation is required).

 

Industrial Designs

Filing the Application – Requirements:

- Name and address of the Applicant

- Information regarding the number of external shapes the protection is requested for

- Full and short title of the industrial design

- Representation of the design

- Description of the product according to the design or reference to the priority document

- A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested)

- Power of Attorney signed by the Applicant

- Priority document (if claimed)

- Filing fee

Registration Procedure:

- Following the filing of the design application, the Polish Patent Office examines whether the application conforms to the conditions set in the regulations on industrial designs.

Duration:

-Design protection will have a term of five years starting on the date of filing.

- Design protection can be renewed for further periods of five years, four times at the most. In the case of renewal, the new design protection period will begin on the day following the expiration date of the previous period.

- Design protection cannot be renewed after the expiration of a period of twenty-five years from the date of filing.

Invalidation:

A design may be cancelled in whole or in part at the request of any person having a legitimate interest therein, who is able to prove that the statutory requirements for the granting of a design have not been satisfied. The finding that the exploitation of the industrial design infringes third parties’ personal or economic rights shall also constitute grounds for the cancellation of a design.

Recording changes in the Register:

  1. Assignment of Rights Requirements:
    • Original Power of Attorney duly executed by the Assignee and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register).
    • Assignment document signed by the Assignor and the Assignee (if documents are prepared in a foreign language, a translation is required).
  1. Change of Name Requirements:
    • Original Power of Attorney indicating the new name of the company, signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate).
    • Extract from the Registers of Companies showing the change of name or any other document that may serve as a proof of the requested change (if documents are prepared in a foreign language, a translation is required).
  1. Change of Address Requirements:
    • Original Power of Attorney signed by the company representative and documents confirming that the person who signed the Power of Attorney is authorized to act on behalf of the company (i.e. an extract from the commercial register or other official certificate).
    • Extract from the Registers of Companies showing the change of address or any other document that may serve as proof of the requested change (if documents are prepared in a foreign language, a translation is required).

Romania

 

Romania IP Requirements

Legal Framework:

  • Paris Convention
  • Madrid Agreement
  • Madrid Protocol
  • Singapore Treaty and its Regulations
  • Nice and Vienna Agreements
  • Treaty on trademark law and its Regulations
  • Stockholm Convention establishing the World Intellectual Property Organization
  • TRIPs
  • PCT Convention
  • EPC
  • Budapest Treaty and its Regulations
  • Strasbourg Agreement
  • Hague Agreement and Geneva Act
  • Locarno Agreement

Law no. 84/1998 on trademarks and geographical indications and its Regulations, as further amended and supplemented
Law no. 64/1991 on patents and its Regulations, as further amended and supplemented
Law no. 129/1992 on the protection of industrial designs and models and its Regulations, as further amended and supplemented
Government Ordinance no. 41/1998 on fees regarding the industrial property field and their application framework, as further amended and supplemented

Trademarks

Filing the Application – Requirements:

  • Name and address of the Applicant
  • Representation of the Mark
  • List of Goods and Services according to Nice Classification 11th Edition (Classes 1-45)
  • Priority date, country and number and the original Priority document which can be submitted subsequently
  • Power of Attorney simply signed (and sealed, if applicable) by the Applicant. The power of attorney can be submitted within one month of the date of filing.

Registration Procedure:

  • The Application is filed with and examined by the Patent and Trademark Office
  • The registration procedure takes 6-9 months (if all goes smoothly) from the publication date

Opposition:

  • Opposition can be filed against the published Trademark Application can be filed within two months as from the date of publication

Duration:

  • The trademark is valid for 10 years as from the application date
  • Upon payment of renewal fees, the Trademark will be extended for a further 10-year period. The renewal application can be filed no more than 3 months before the expiration date; the renewal fees can be paid up to six months after the expiration date with a fine of 50%

Recording changes in the Register:

  1. Assignment of Rights
    • Requirements:
      • Power of attorney simply signed (and sealed, if applicable) by the Assignor; Power of attorney simply signed (and sealed, if applicable) by the Assignee; Original assignment agreement or a notarized copy thereof
      • Notarized copy of the original assignment agreement
  2. Change of Name
    • Requirements:
      • Simply signed (and sealed, if applicable) Power of attorney indicating the new name; Copy of the registration of change of name with the Trade Registry or any other official document attesting the change of name
      • Copy of the registration of change of name with the Trade Registry or any other document attesting the change of name or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its name
  3. Change of Address
    • Requirements:
      • Simply signed (and sealed, if applicable) Power of attorney indicating the new address; Copy of the registration of change of address with the Trade Registry or any other official document attesting the change of address
      • Copy of the registration of change of address with the Trade Registry or any other document attesting the change of address or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its address

Patents

Filing a Conventional Application – Requirements

  • Name and address of the Applicant
  • Title of the patent
  • Name and address of the inventor (if he/she is not the Applicant), workplace on the date of creating the invention
  • Relevant document attesting the manner by which the Applicant is entitled to file the patent application
  • Statement that the inventor does not wish to have their name mentioned in the application, if relevant
  • The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors (in original or notarized copy) – it can be submitted subsequently
  • Description of Patent
  • Drawings (if any)
  • Abstract – summary of the invention
  • Priority date, country and number
  • Priority document – it can be submitted subsequently
  • Patent claims
  • Power of attorney simply signed by the Applicant – can be submitted subsequently
  • Translation of description, claims, drawings and abstract into local language - can be filed subsequently
  • The Application is to be filed within one year from the priority date

Filing a National Phase of PCT Application – Requirements

  • Name and address of the Applicant
  • Title of the patent
  • Name and address of the Inventor (if he/she is not the Applicant) or a declaration that the Inventor does not wish to be mentioned by name in the Application, if relevant
  • Relevant document attesting the manner by which the Applicant is entitled to file the patent application
  • The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the inventors (in original or notarized copy) – it can be submitted subsequently
  • Description of Patent
  • Drawings (if any)
  • Abstract – summary of the invention
  • Priority date, country and number
  • Priority document – can be submitted subsequently
  • Patent Claims
  • International search report
  • Power of attorney simply signed by the Applicant – can be submitted subsequently
  • Translation of the description, claims, drawings and abstract into the local language - can be filed subsequently
  • International Preliminary Examination Report
  • The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors (in original or notarized copy) – it can be submitted subsequently

Registration Procedure

  • The Application is to be published within 18 months from the application date or from the priority date
  • Request for full examination is to be lodged on the application date or on the filing date in the National stage, if relevant, or within 30 months from one of the aforementioned dates.

European Patent

  • Romania has been a member of the European Patent Organization since March 01, 2003.

Duration

  • 20 years from the application date for conventional Patents
  • 20 years from the International filing date for the National Phase of PCT patents
  • 25 years - supplementary protection certificate can be obtained and the validity of the patent can be extended up to five years in case of pharmaceutical products and phytopharmaceutical products
  • the protection fees are to be paid annually and, as a rule, are due on the first day of the respective year of protection; the fees can also be paid within six months after the due date with a 50% fine

Recording changes in the Register:

  1. Assignment of Rights
    • Requirements:
      • Power of Attorney simply signed by the Assignee
      • Notarized copy of the original assignment agreement
  2. Change of Name
    • Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
      • Copy of the registration of the change of name with the Trade Registry or any other document attesting the change of name or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its name.
  3. Change of Address
    • Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company
      • Copy of the registration of the change of address with the Trade Registry or any other document attesting the change of address or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its address

Industrial Designs

Filing the Application – Requirements

  • Name and address of the Applicant
  • Name and address of the author or a declaration that the author chooses not to be mentioned in the application
  • Information regarding the number of external shapes the protection is requested for
  • Graphic representation of the design
  • Priority documents, if relevant
  • Indication of the products in which the design is incorporated, if relevant
  • Description of the novel elements of the design
  • Power of Attorney simply signed by the Applicant's representative. The power of attorney can be submitted within two months of the date of filing

Registration Procedure

  • Industrial Design Application are examined by the Patent and Trademark Office. If the application meets the prescribed requirements, the Office will issue the Registration Certificate
  • The fees are payable every five years

Duration

  • 10 years from the application date, with the possibility of renewal 3 times, for 5 years each time

Recording changes in the Register:

  1. Assignment of Rights
    • Requirements:
      • Power of Attorney simply signed by the Assignee
      • Notarized copy of the original assignment agreement
  2. Change of Name
    • Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
      • Copy of the registration of the change of name with the Trade Registry or any other document attesting the change of name or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its name
  3. Change of Address
    • Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company
      • Copy of the registration of the change of address with the Trade Registry or any other document attesting the change of address or a declaration with the genuine signature of the director/president of the company specifying that at a certain date the company has changed its address

Serbia

 

Serbia IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Opposition
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • Filing a National Phase of PCT Application – Requirements
  • Time limits for filing a National phase of PCT Application
  • Registration Procedure
  • Extension of European patents to Serbia and Montenegro
  • Duration
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions:

  • Paris Convention
  • Madrid Agreement
  • Madrid Protocol
  • PCT Convention
  • Budapest Treaty
  • Hague Agreement
  • Lisbon Agreement
  • EPC
  • The Trademark Law entered into force on 24 December 2009
  • The Patent Law entered into force on 4 January 2012
  • The Law on Design entered into force on 24 December 2009
  • The Copyright and related Rights Law entered into force on 1 January 2013
  • The Geographical Indications Law entered into force on 3 April 2010
  • The Law on the protection of topographies of Integrated Circuits entered into force on 3 July 2013

Trademarks

  • Filing the Application – Requirements:
    • Name and address of the Applicant
    • Representation of the Mark
    • List of Goods and Services according to Nice Classification 10th Edition (Classes 1-45)
    • Priority date, country and number and the original Priority document which can be submitted subsequently within three months from the Application date along with a certified translation into the local language. This term cannot be extended
    • Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently within 30 days from the date of receipt of the Official Invitation from the Office. This term can be extended several times, up to 6 months
  • Registration Procedure:
    • The Application is filed with and examined by the Intellectual Property Office
    • The Intellectual Property Office examines absolute grounds for refusal
    • The registration procedure takes approximately six to eight months from the application date (smooth procedure)
  • Opposition:
    • No opposition can be filed due to the fact that the Trademark Applications are not published in Serbia. However, the observations of the interested parties can be filed with the Office.
  • Duration:
    • Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date
    • Upon payment of renewal fees the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last six months of the previous ten year protection period or up to six months after the expiration date with a fine of 50% of the renewal fees.
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
        • Power of Attorney simply signed by the Assignee
        • Assignment document signed by the Assignor and the Assignee. A copy of the Assignment document must be legalized by the Apostille
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Patents

  • Filing a Conventional Application – Requirements
    • Name and address of the Applicant
    • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned by name in the Application
    • Priority date, country and number
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Applicant’s statement declaring the basis of its right to file the application
    • Power of Attorney simply signed by the Applicant
    • Priority document
    • The Application is to be filed within one year from the priority date
    • Translation of the description, claims and abstract into the local language, can be filed subsequently
  • Filing a National Phase of PCT Application – Requirements
    • PCT application as published
    • International Search report
    • International Preliminary examination report
    • Applicant’s statement declaring the base of its right to file the application
    • Power of Attorney simply signed by the Applicant
    • Translation of description, claims and abstract into local language, can be filed subsequently.
  • Time limits for filing a National phase of PCT Application
    • The Application is to be filed with the Office within 30 months from the Priority Application date, or within 31 months with a 50% fine. 
  • Registration Procedure
    • Request for full examination is to be filed within 6 months from the date of receipt of the search report.
  • Extension of European patents to Serbia
    • Serbia became a member of EPO on 1 October 2010. Therefore, European Patents filed after 1 October 2010 automatically designate Serbia. European Patents filed prior to 1 October 2010 could designate Serbia as the extension state
    • In order to have a European Patent validated in Serbia, a translation of the patent's description and claims must to be submitted to the IPO of Serbia within 3 months from publication of the aforementioned granting of the EP. A Power of Attorney simply signed on behalf of the Patentee must be submitted.
  • Duration
    • 20 years from the application date for conventional Patents
    • 20 years from the International filing date for the National Phase of PCT patents
    • 20 years from the European filing date for validated European Patents
    • petty patent is valid for 10 years from the application date
    • The protection fees are to be paid annually, prior to or on the anniversary of the filing date or within the following six months with a 50% fine. 
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
        • Power of Attorney simply signed by the Assignee
        • Original assignment document signed by the Assignor and the Assignee or a notarized copy of it
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
        1. Statement of the Secretary of State showing the change of name
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Industrial Design

  • Filing the Application – Requirements
    • Name and address of the Applicant
    • Name and address of the author or a declaration that the author chooses not to be mentioned in the application
    • Information regarding the number of external shapes the protection is requested for
    • Full and short title of the industrial design
    • A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of for which product the protection is requested)
    • Description
    • Legal basis for filing the Application (if the Author of the Design is not the Applicant)
    • Power of Attorney simply signed by the Applicant's representative
  • Registration Procedure
    • The Industrial Design Applications are examined by the Intellectual Property Office, on both absolute and relative grounds of refusal.  The examination procedure lasts approximately 8-10 months. No opposition procedure is provided for by the Law on Industrial Design. Only an Observation from interested parties can be filed before the PTO.  If the Application meets the prescribed requirements, the Office invites the Applicant to pay the fees for the first five years of protection. From the 6th to 25th year the fees are payable annually.
  • Duration
    • 25 years from the Application Date
  • Recording changes in the Register:
    1.  Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
      • Power of Attorney simply signed by the Assignee
      • Original assignment document signed by the Assignor and the Assignee or a notarized copy of it.
    2.  Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
    3.  Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Slovak Republic

 

Slovak Republic IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Opposition
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • Filing a National Phase of PCT Application – Requirements
  • Time limits for filing a National phase of PCT Application
  • Registration Procedure
  • European Patent
  • Duration
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions:

  • Paris Convention
  • Madrid Agreement
  • Madrid Protocol
  • PCT Convention
  • EPC
  • Slovak Trademark Act of 1 January 2010
  • Law No. 444/2002 on Designs

Trademarks

  • Filing the Application – Requirements:
    • Name and address of the Applicant
    • Representation of the Mark
    • List of Goods and Services according to Nice Classification 11th Edition (Classes 1-45)
    • Priority date, country and number and the original Priority document which can be submitted subsequently
    • Power of Attorney simply signed by the Applicant. The PoA can be submitted subsequently. The deadline for submitting the PoA can be extended several times
    • Priority document must be filed with two months from the date of filing the application
  • Registration Procedure:
    • The Application is filed with and examined by the Patent and Trademark Office (Office)
    • The registration procedure takes 6-9 month (if no opposition filed) from the application date
  • Opposition:
    • Opposition can be filed against the published Trademark Application can be filed within three months from the date of publication
  • Duration:
    • Upon payment of registration fees the Trademark is valid for 10 years from the application date
    • Upon payment of renewal fees the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last year of the previous ten year protection period or up to six months after the expiration date with a fine of 100% of the renewal fees
  • Recording changes in the Register:
    1.  Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor or by the Assignee
      • Original Assignment document simply signed by the Assignor and the Assignee or a copy of the Assignment document signed by the Assignor and the Assignee and notarized by a Notary Public
    2.  Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
    3.  Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Patents

  • Filing a Conventional Application – Requirements
    • Name and address of the Applicant
    • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned by name in the Application
    • Priority date, country and number
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted subsequently
    • Power of Attorney simply signed by the Applicant – can be submitted subsequently
    • Priority document – can be submitted subsequently
    • The Application is to be filed within one year from the priority date
    • Translation of description, claims and abstract into the local language, can be filed subsequently
  • Filing a National Phase of PCT Application – Requirements
    • Name and address of the Applicant
    • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned by name in the Application
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Priority date, country and number
    • International Search report
    • International Preliminary Examination Report
    • PCT Publication page
    • The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted subsequently
    • Power of Attorney simply signed by the Applicant – can be submitted subsequently
    • Translation of description, claims and abstract into the local language, can be filed subsequently
  • Time limits for filing a National phase of PCT Application
    • The Application is to be filed with the Office within 31 months from the Priority Application date
  • Registration Procedure
    • Application is to be published within 18 months from the application date or from the priority date
    • Request for full examination is to be filed within 36 months from the filing date or from the International filing date
  • European Patent
    • The Slovak Republic has been member of the European Patent Organization since July 1, 2002
  • Duration
    • 20 years from the application date for conventional Patents
    • 20 years from the International filing date for the National Phase of PCT patents
    • 25 years - supplementary protection certificate can be obtained and the validity of the patent can be extended up to five years
    • the protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest, with a 100% fine
  • Recording changes in the Register:
    1.  Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor or by the Assignee
      • Assignment document with signature of the Assignor and signed by the Assignee
    2.  Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
    3.  Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Industrial Design

  • Filing the Application – Requirements
    • Name and address of the Applicant
    • Name and address of the author or a declaration that the author chooses not to be mentioned in the application
    • Information regarding the number of external shapes the protection is requested for
    • Full and short title of the industrial design
    • A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested; image of any design for which registration in an application is required and from which the substance of a design can be distinguished exactly)
    • Indication of a product in which the design is embodied or to which it is applied
    • Power of Attorney simply signed by the Applicant's representative. The PoA can be submitted subsequently
  • Registration Procedure
    • Industrial Design Applications are examined by the Patent and Trademark Office. If the application meets the prescribed requirements, the Office will issue the Decision to grant
    • The fees are payable every five years
  • Duration
    • 5 years from the Application Date; can be extended 4 times (total term of protection 25 years from the date of filing an application)
  • Recording changes in the Register:
    1.  Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
        • Power of Attorney simply signed by the Assignee
        • Assignment document simply signed by the Assignor and the Assignee. No legalization or notarization is required
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company
    3. Change of Address Requirements:
      • Power of Attorney indicating the new address, simply signed by a representative of the Company

Slovenia

 

Slovenia IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Opposition
  • Duration
  • Recording changes in the Register

Patents

  • Filing a Conventional Application – Requirements
  • Time limits for filing a National phase of PCT Application
  • Registration Procedure
  • Validation of the European Patent - Requirements
  • Duration
  • Recording changes in the Register

Industrial Designs

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions:

  • Paris Convention
  • Madrid Agreement
  • Madrid Protocol
  • PCT Convention
  • EPC
  • Law on Industrial Property valid as of 7 December 2001

Trademarks

  • Filing the Application – Requirements:
    • Name and address of the Applicant
    • Representation of the Mark
    • List of Goods and Services according to Nice Classification 8th Edition (Classes 1-45)
    • Priority date, country and number and the original Priority document which can be submitted subsequently within three months from the Application date. This term can be extended for an additional three months
    • Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently within three months from the Application date. This term can be extended for an additional three months.
  • Registration Procedure:
    • The Application is filed with and examined by the Intellectual Property Office
    • The Intellectual Property Office examines absolute grounds for refusal
    • The registration procedure takes approximately six months from the application date (smooth procedure)
  • Opposition:
    • Trademark Applications are published in the Official Gazette. Opposition against a Trademark Application can be filed within three months from the publication date
  • Duration:
    • Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date, except in the case of revalidation (see below)
    • Upon payment of renewal fees, the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last year of the previous ten year protection period or up to six months after the expiration date with a fine of 50% of the renewal fees
    • Revalidations of former Yugoslav Trademark Registrations keep the same renewal dates as the original former Yugoslav Trademarks
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
      • Power of Attorney simply signed by the Assignee
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company and a Power of Attorney with the old name if we were not the Agent for the file
    3. Change of Address Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company and a Power of Attorney with the old name if we were not the Agent for the file

Patents

  • Filing a Conventional Application – Requirements
    • Name and address of the Applicant
    • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application
    • Priority date, country and number
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Power of Attorney simply signed by the Applicant can be submitted subsequently, within three months from the Application date. This term can be extended for an additional three months
    • Priority document – can be submitted subsequently, within three months from the Application date. This term can be extended for the additional three months
    • The Application is to be filed within one year from the priority date
    • Translation of the specification, claims and abstract into the local language, can be filed subsequently
  • Time limits for filing a National phase of PCT Application
    • The Application is to be filed with the Office within 30 months from the Priority Application date.
  • Registration Procedure
    • The Office will publish the Patent Application within 18 months from the Application date or the priority date if the priority has been claimed. Upon publication of the patent Application, the decision to grant is issued and the publication date shall be considered as the granting date
    • No later than the expiry of the ninth year of protection, the owners of the Patent shall submit to the Office the written evidence showing that the patent for the same invention has been obtained:
    • a) before the EPO
    • b) if no application for the same invention has been filed with the EPO, evidence should be submitted to show that the Patent for the same invention has been granted by the authority which according to PCT enjoys the status of Preliminary Examining Authority or by any other patent Office with which the relevant treaty has been concluded. The List of the Patents for the same invention which can serve as evidence should be submitted along with data on patent applications and the patents that have been refused
    • c) if no evidence can be submitted by the Owner, a request may be made for the Office to obtain the relevant data
  • Filing a National Phase of PCT Application – Requirements
    • Name and address of the Applicant
    • Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned by name in the Application
    • Description of Patent
    • Patent Claims
    • Drawings (if any)
    • Abstract – summary of the invention
    • Priority date, country and number
    • International Search report
    • International Preliminary Examination Report
    • PCT Publication page
    • The document showing the assignment of rights by the Inventors in favor of the Applicant, simply signed by the Inventors – it can be submitted subsequently
    • Power of Attorney simply signed by the Applicant – can be submitted subsequently
    • Translation of description, claims and abstract into the local language, can be filed subsequently
  • Validation of the European Patent - Requirements
    • The validation of the European Patent can be claimed within three months from the date of publication of the granting of the European Patent
    • A Slovenian translation of Patent Claims should be submitted to the Office along with the claim for the validation of the European Patent
  • Duration
    • 20 years from the application date for conventional Patents
    • 20 years from the International filing date for the National Phase of PCT patents
    • 20 years from the date of filing the European Patent Application for the EP
    • petty patent is valid for 10 years from the application date
    • for Patent Applications filed in Slovenia after 7 December 2001 the fees should be paid starting from the 4th year of protection and for each subsequent year. For Patent Applications filed in Slovenia prior to 7 December 2001 the annual fees should be paid starting from the 3rd year and for each subsequent year.
    • protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest with a 50% fine
    • the duration of a patent can be extended over 20 years in the following cases:
      • a) in the case of a war of similar emergency conditions, for the duration of this state or condition, but for no more than five years
      • b) in case if the subject-matter of the patent is a product or a process for manufacturing a product or a use of a product which has to undergo an administrative procedure required by the law, for the duration of this procedure, but for no more than five years
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
        • Power of Attorney simply signed by the Assignee
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company and Power of Attorney with the old name if we were not the Agent on the file
    3. Change of Address Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company and Power of Attorney with the old name if we were not the Agent on the file
         

Industrial Design

  • Filing the Application – Requirements
    • Name and address of the Applicant
    • Name and address of the author or a declaration that the author chooses not to be mentioned in the application
    • Information regarding the number of external shapes the protection is requested for
    • Full and short title of the industrial design
    • A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested)
    • Power of Attorney simply signed by the Applicant's representative. The PoA can be submitted subsequently
  • Registration Procedure
    • The Design Application is to be published within 12 months from the application date or priority date if the priority has been claimed. If there are no absolute grounds for refusal, the Office will grant the Design and the granted Design will be published in the Official gazette
    • The registration procedure is quick. Every industrial design is usually registered within 2 weeks from the application date if all necessary documents and fees are provided with the application.
    • The fees are payable every five years. The fees for the following five year protection period should be paid during the last year fo the previous protection period. The fees can be paid with a 50% fine within six months from the expiry date
  • Duration
    • Maximum 25 years from the Application date
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Power of Attorney simply signed by the Assignor
      • Power of Attorney simply signed by the Assignee
    2. Change of Name Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company and a Power of Attorney with the old name if we were not the Agent for the file
    3. Change of Address Requirements:
      • Power of Attorney indicating the new name, simply signed by a representative of the Company and a Power of Attorney with the old name if we were not the Agent for the file

Spain - EUTM

 

Spain - EUTM IP Requirements

Trademarks

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Industrial Design

  • Filing the Application – Requirements
  • Registration Procedure
  • Duration
  • Recording changes in the Register

Conventions:

  • - Paris Convention
  • - Madrid Agreement
  • - Madrid Protocol
  • Council Regulation (EC) No. 207/2009 of 26 February 2009 on the Community trade mark
  • Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community Design

Trademarks

  • Filing the Application – Requirements:
    • Name and address of the Applicant
    • Representation of the Mark
    • List of Goods and Services according to Nice Classification 10th Edition (Classes 1-45)
    • Priority date, country and number and the original Priority document which can be submitted subsequently within three months from the Application date
    • Copy of the Priority document for EUTM (original in Spain)
    • Power of Attorney – No power of attorney is required for an authorized representative
  • Registration Procedure:
    • Application is filed at OHIM and examined for admissibility and classification
    • OHIM examines absolute grounds for refusal
    • Application is published for the purposes of third party observations or opposition.
    • Third party observations may be filed in relation to absolute grounds for up to three months after publication
    • The registration procedure takes approximately six months from the application date provided no obstacles arise
  • Opposition:
    • Trademark applications are published in the Official Gazette (for Spain) - Community TM Bulletin (EUTM).
    • Oppositions against trademark applications can be filed within three months from the publication date. No time extension is permitted
  • Duration:
    • Trademarks are valid for 10 years from the application date.
    • Upon payment of renewal fees, the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last six months prior to the expiry of the ten-year protection period or up to six months after the expiry date with a fee for late renewal
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • A written request for recordal of the Assignment or the official form
      • Assignment document simply signed by the Assignor and the Assignee – no legalization is required
      • Indication must be given of the future representative of the assignee
    2. Change of Name Requirements:
      • A written request indicating:
      • Number of the application or EUTM registration
      • Name and address of applicant
      • An indication of the new name
      • A copy of the Register of Companies showing the change of name
    3. Change of Address Written request indicating:
      • number of the application
      • name of applicant
      • indication of the new address

Industrial Design

  • Filing the Application – Requirements
    • Name and address of the Applicant
    • Name and address of Designer or Notice that the Designer chooses not to be mentioned in the application
    • Indication of type of product (Locarno classification). In a multiple design application all products must belong to the same classification
    • At least one visual representation of the design (up to 7 views for a single Design). (If priority is claimed views are unlimited because all view of a priority mark can be submitted.)
    • Claim for priority must be made within one month from the application date and priority documents can be provided up to three months from the declaration of priority
    • However it is preferable to submit this at the time of filing
    • If confidentiality is required, publication of the Design can be deferred for up to 30 months
    • Request for publication must be made up to 27 months from the application/priority date
    • No power of attorney is required for an authorized representative
  • Registration Procedure
    • Examination of the formalities of the design
    • Examination of substance(that the design is indeed a design and not contrary to public policy or morality)
    • Publication of design (unless deferment requested)
    • If no objections, design granted from 2 – 10 days following the application
  • Duration
    • A design has a life of five years from the filing date
    • May be renewed in five year blocks up to 25 years
  • Recording changes in the Register:
    1. Assignment of Rights Requirements:
      • Assignment document simply signed by Assignor and Assignee (no legalization or notarisation required)
      • Power of Attorney: No power of attorney for an authorized representative
      • Assignee address
      • Document listing the design(s) to which the Deed of Assignment refers if not listed in the Assignment document
    2. Change of Name Requirements:
      • Extract from the Register of Companies showing the change of name or
      • an Affidavit
    3. Change of Address Requirements:
      • A written request showing the old and new addresses.