Market Insight

Updates from an international team of correspondents who report on recent developments in trademark law and practice in their home jurisdictions, as well as strategic issues and those relating to brand protection, portfolio management and value creation.

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Western Balkans

04 JULY 2024

How to navigate provisional refusals in the Western Balkans

When it comes to provisional refusals of trademark registrations in the Western Balkans – whether they are based on absolute grounds or an opposition – it is crucial for rights holders to understand the legislative processes and timeframes during which to respond across the different jurisdictions to avoid delays. 

28 MARCH 2024

Oppositions in the Western Balkans: what rights holders need to know

When it comes to defending against trademark registrations that could threaten market exclusivity, oppositions are a viable option. There are various legislative processes that potential opponents should be aware of if they wish to commence proceedings in the Western Balkans.

07 MARCH 2024

Filing and maintaining trademarks in the Western Balkans: what rights holders need to know

For rights holders that want to protect their trademarks in the Western Balkans, it is crucial to understand the laws that govern trademark filing and maintenance processes across the region.

04 JANUARY 2024

Key 2023 trademark updates in Albania, Montenegro and Slovenia

It is crucial that brand owners are aware of the legislative changes that came into force last year in the Western Balkans. A deep understanding of these developments will ensure effective trademark management and compliance going forward.

07 SEPTEMBER 2023

Slovenian legislative overhaul reflects valuable steps towards harmonisation with EU IP framework

Amendments to the Slovenian Industrial Property Act signal that Slovenia is keen to modernise its legislation to keep up with digital trends. Other changes address extension-of-time requests and cancellation procedures, among many others.

06 JULY 2023

Montenegro aligns its trademark regime with EU standards

The Balkan country has amended and modernised its national trademark law, harmonising new IP regulations with EU norms with regard to registration, opposition and protection.

22 JUNE 2023

Key differences between trademark regimes in Albania and Kosovo

While the trademark regimes of these neighbouring Balkan jurisdictions share certain key features, they also have crucial differences that international brand owners should have firmly on their radars.

02 MARCH 2023

Key differences between trademark regimes in Montenegro and North Macedonia

Despite their shared history as former republics of Yugoslavia, the two countries take distinct approaches to trademark registration, protection, renewal and opposition, which shape their respective IP landscapes and impact international brand owners.

11 JANUARY 2023

Key differences between trademark regimes in Serbia, and Bosnia and Herzegovina

While the respective trademark regimes of the former Yugoslavian countries of Serbia, and Bosnia and Herzegovina share certain features, they each have essential distinctions which international brand owners should have on their radars.

08 DECEMBER 2022

Key differences between trademark regimes in Slovenia and Croatia

While the trademark regimes of jurisdictions in the former Yugoslavia share certain features in common, they each have important distinctions, which international brand owners should have firmly on their radars.

27 OCTOBER 2022

Striking the balance between consumer protection and IP rights

The Serbian IP Office currently takes a strong position on similar marks, disallowing letters of consent, even though the law is unclear on this point. This stance has created a challenging environment for trademark owners while providing little extra benefit for consumers.

06 OCTOBER 2022

Top tips for registering colour marks in Serbia

Whereas trademarks consisting of multiple colours are relatively easy to register, single-colour marks may only acquire distinctiveness through use. Serious and long-term use needs to precede such an application in order for it to be successful.

10 FEBRUARY 2022

How to mitigate undue seizure risk when shipping marked goods to the Balkans

An annual Customs surveillance petition for trademark owners can offer various benefits for trademark owners shipping goods across international borders

25 NOVEMBER 2021

When refiling is a better option than renewing

There are valuable strategic benefits to refiling a trademark that has gone unused instead of renewing it - particularly in Serbia and Kosovo - with avoiding cancellation due to non-use being just one.

28 OCTOBER 2021

Key knowledge for filing oppositions in the Balkans

While oppositions are a crucial tool throughout the Balkans, local knowledge of everything from proof of use, lack of response, relative grounds, hearings and appeals processes, is critical for trademark filing success.

23 SEPTEMBER 2021

Seven rules for overcoming provisional refusal based on relative grounds in Serbia

In February 2020 Serbian IP regulations overhauled its opposition system, however the Serbian IP Office may still examine new applications for relative grounds for refusal. These seven tips will help trademark owners unfamiliar with the system to avoid provisional refusals and therefore save time and expense.

15 JULY 2021

Guide to (re)protecting IP rights in Kosovo

As the number of trademark trolls in Kosovo increases, it is vital that brand owners ensure that their IP portfolios are secure.

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