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 12thEdition (Classes 1-45);
- If priority is claimed: Priority date, country and number. The original Priority document or certified copy thereof, accompanied by a certified translation of the document into English if the document is in another language, is also required. The priority document can be submitted subsequently within 60 days from the date of filing of the application;
- 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 date of filing of the application.
Registration Procedure
- Trademark applications are filed before the North Macedonian State Office of Industrial Property;
- The Office examines absolute grounds for refusal;
- Applications may be refused on relative grounds only on the basis of an opposition. Applications may be opposed within 90 days from the date of their publication in the official gazette;
- The registration procedure takes approximately one to two years from the date of filing of the application
Opposition
- Opposition can be filed within 90 days from the date of publication of the application in the official gazette.
Duration
- Trademarks are registered for a period of 10 years from the date of filing of the application (upon payment of the registration fees) and can be renewed indefinitely;
- Trademark registrations may be renewed for further 10-year periods. A request for renewal can be made and the fee for renewalpaid in the twelve-month period prior to the expiry date of the registration. An additional nine-month grace period for renewal starts on the day following the date of expiry. During the first three months of the grace period an additional fee of 25 % will be charged, if renewed 3-9 months after the expiration date, the fine is 100% of the renewal fees.
Recording changes in the Register
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 Apostille or notarized by a Notary Public.
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.
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 10thyear 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
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.
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.
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 date of filing of the application;
- If priority is claimed: Priority date, country and number. The original Priority document or certified copy thereof, accompanied by a certified translation of the document into English if the document is in another language, is also required. The priority document can be submitted subsequently within 60 days from the date of filing of the application.
Registration Procedure
- Industrial design applications are filed before the North Macedonian State Office of Industrial Property;
- The Office examines absolute grounds for refusal;
- Applications may be refused on relative grounds only on the basis of an opposition;
- The registration procedure takes approximately one to two years from the date of filing of the application.
Opposition
- Opposition can be filed within 90 days from the date of publication of the application in the official gazette.
Duration
- 25 years from the date of filing of the application. Renewal fees are payable every five years;
- A request for renewal can be made and the fee for renewal paid in the twelve-month period prior to the expiry date of the registration. An additional six-month grace period for renewal starts on the day following the date of expiry. During the first three months of the grace period an additional fee of 25 % will be charged, if renewed 3-6 months after the expiration date, the fine is 100% of the renewal fees.
Recording changes in the Register
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 Apostille or notarized by Notary Public.
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.
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).
This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.
