Trademark Registration in Serbia: What Businesses Need to Know Before Protecting Their Brand

TL;DR: As Serbia continues to grow as a destination for international entrepreneurs, startups, and expanding companies, brand protection has become an increasingly important topic. More businesses are setting up operations, launching products, and building long-term brands in Serbia—naturally raising the question: can you trademark in Serbia, and how does the process actually work?

This article provides a clear, practical overview of trademark registration in Serbia, including what can be trademarked, how long protection lasts, how the filing process works, and key pitfalls foreign founders should avoid. Whether you are building a local Serbian brand or testing a broader European expansion, understanding Serbia’s trademark system is essential.

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What Is a Trademark in Serbia?

A trademark in Serbia is a legally protected sign that distinguishes your goods or services from others in the market. Under Serbian law, a trademark may consist of:

  • A word or phrase (word mark)

  • A logo or visual symbol (logo mark)

  • A combined word and logo mark

Trademark protection applies to both products and services, which is a common area of confusion. Many business owners assume trademarks only protect physical goods, but this is not the case in Serbia.

If you operate a consultancy, digital service, software company, or professional firm, your brand can still be fully protected under the appropriate service class.

First-to-File Rule: Why Timing Matters in Serbia

Serbia follows a first-to-file system, not a first-to-use system.

This means:

  • The party that files the trademark application first receives the rights

  • Prior use alone does not guarantee protection

  • Registration matters more than informal or historical usage

For foreign companies entering the Serbian market, this makes early trademark filing particularly important. Delaying registration creates unnecessary risk, especially in partnership arrangements or joint ventures.

How Long Does Trademark Protection Last?

A trademark registered in Serbia is valid for 10 years from the filing date.

The key advantage is that:

  • The trademark can be renewed indefinitely

  • Renewals occur in 10-year increments

  • There is no limit on how long protection can continue, provided renewals are filed on time

This makes trademark registration in Serbia a long-term brand protection tool rather than a temporary safeguard.

Serbia-Only vs EU-Wide Trademarks: Key Differences

Most companies registering trademarks in Serbia choose Serbia-only protection, especially when their business is focused locally.

However, it is also possible to expand protection to the European Union through a separate EU trademark system. There are important differences to consider:

Serbia-Only Trademark

  • Lower government and legal costs

  • Faster approval timelines

  • Fewer jurisdictions involved

  • Higher likelihood of approval

  • Ideal for Serbia-focused businesses

EU-Wide Trademark

  • Covers all EU member states

  • Significantly higher cost

  • Greater rejection risk

  • One country’s objection can block the entire registration

  • Serbia is not an EU member, so rules differ

For many businesses, starting with Serbia-only protection is the most efficient and cost-effective strategy.

Trademark Classes Explained (45 Total Classes)

Serbia follows the international Nice Classification system, which includes 45 trademark classes:

  • Classes 1–34: Products (goods)

  • Classes 35–45: Services

At least one class must be selected, and each additional class increases the total cost.

Choosing the correct classes is critical. Trademark protection only applies within the selected classes, meaning:

  • A trademark registered for clothing does not automatically protect services

  • Another party could legally use the same name for a different industry if it falls outside your registered class

Strategic class selection is one of the most important steps in the trademark process.

Word Mark vs Logo Mark: Which Is Stronger?

In Serbia, a word mark is generally considered the strongest form of trademark protection.

Why?

  • It protects the brand name itself, regardless of design changes

  • Logos may evolve, but the word remains constant

  • Enforcement is typically broader and clearer

Best practice often includes:

  1. Registering the word mark first

  2. Adding the logo mark later

  3. Or filing both together if branding is already finalized

When both are registered together, overall protection is maximized.

Filing Without Coming to Serbia: Power of Attorney

Foreign founders do not need to travel to Serbia to register a trademark.

The process can be handled entirely through a Power of Attorney (POA):

  1. POA is prepared in Serbia

  2. Signed and notarized in your home country

  3. Returned to Serbia

  4. Filed on your behalf with authorities

This structure is commonly used for trademark filings, citizenship cases, and other legal procedures.

Why Ownership Matters: Avoid Registering in a Partner’s Name

A critical issue arises when foreign founders rely on local partners to register trademarks.

While registering a trademark in someone else’s name is easy, transferring ownership later is extremely difficult and often costly.

Best practice:

  • Register the trademark in the name of the actual brand owner

  • Even if partners are involved operationally

  • Maintain direct control over brand IP from the start

This avoids disputes and protects long-term brand value.

Trademark Search and Due Diligence

Before filing, a preliminary trademark search is strongly recommended.

This search:

  • Identifies existing similar trademarks

  • Reduces rejection risk

  • Minimizes opposition during publication

  • Helps refine class descriptions

While not legally mandatory, skipping this step often leads to delays or denials.

Trademark Application Process in Serbia

The process generally follows these stages:

  1. Information Collection

    • Applicant details

    • Trademark type (word, logo, or both)

    • Class selection and descriptions

  2. Government Fee Payment

  3. Filing with the Serbian Intellectual Property Office

    • Applications must be submitted in Serbian

    • English filings are rejected

  4. Formal Examination

    • Review of application completeness

    • Conflict checks

  5. Corrections (if requested)

  6. Publication

    • Approved marks are published publicly

    • 3-month opposition period

  7. Final Registration

Opposition Period: What to Expect

Once published, third parties have three months to file an opposition.

If no opposition is filed:

  • The trademark becomes final

  • Rights are secured within the chosen classes

Oppositions in Serbia are relatively rare, as it remains a less saturated trademark market compared to larger jurisdictions.

Timeline for Trademark Registration

Typical timelines range from:

  • 6 months for straightforward filings

  • Up to 12 months for complex cases involving multiple classes or corrections

Delays may occur if:

  • Multiple trademarks are filed simultaneously

  • Corrections are requested

  • Oppositions arise

Key Limitations to Understand

A Serbian trademark does not:

  • Grant company registration

  • Replace a business license

  • Secure domain ownership

Domain names should be purchased separately and ideally before trademark filing to ensure full brand protection.

Why Serbia Is Cost-Effective for Trademark Registration

Compared to countries like the United States or Canada, trademark registration in Serbia is substantially more affordable, while still offering strong legal protection.

For startups and international founders, this creates a rare opportunity to secure intellectual property without excessive cost.

Final Thoughts: Is Trademarking in Serbia Worth It?

For businesses operating—or planning to operate—in Serbia, trademark registration is one of the smartest early legal steps you can take.

With:

  • 10-year renewable protection

  • Affordable filing costs

  • Clear legal framework

  • Strong first-to-file enforcement

Serbia offers a highly favorable environment for brand protection when done correctly.

If you are considering registering a trademark in Serbia or want to ensure your brand is protected across the correct classes, professional guidance can significantly reduce risk and delays.

If you would like assistance with trademark registration in Serbia, we invite you to book a paid consultation with our team to review your brand and filing strategy.

FAQ
Frequently asked questions
We have put together some commonly asked questions.
Can foreigners register a trademark in Serbia?

Yes. Foreign individuals and companies can register trademarks in Serbia without being physically present, using a Power of Attorney.

How long does a Serbian trademark last?

Ten years from the filing date, with unlimited renewals.

Can I trademark services in Serbia?

Yes. Services are covered under trademark classes 35–45.

Is Serbia a first-to-use country?

No. Serbia follows a first-to-file system.

Does a Serbian trademark protect my EU brand?

No. Serbia is not an EU member. EU-wide protection requires a separate filing.

Do I need a company to register a trademark?

No. A trademark can be registered in an individual or company name.

Ready to move forward?
If protecting your brand in Serbia is part of your business strategy, schedule a paid consultation to ensure your trademark is filed correctly, strategically, and securely.