Trademark Protection Procedure in BIH
The procedure is initiated by filing an application for the grant of a trademark with the Institute. It is necessary to submit a completed request for the grant of a trademark, accompanying documents, and proof that the costs have been paid. The application is filed in written form, directly or through the post, by telefax or at the official e-mail of the Institute, provided that within eight days of its receipt it is furnished to the Institute in writing.
An application for the grant of an INDIVIDUAL TRADEMARK contains:
√ Request for the grant of only one trademark that relates to one or several kinds of products/services (Form Z-01).
√ Sign that the applicant wishes to protect by a trademark.
√ List of products/services to which the sign relates, which must be made according to the International Classification of Goods and Services established under the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
An application for the grant of a COLLECTIVE TRADEMARK, in addition to the above documents, also contains:
√ A general act on the collective trademark that must contain:
• Information concerning the applicant/person authorized to represent him/her,
• provisions on the appearance of a sign and on the goods/services to which the sign relates,
• provisions on who is entitled to use a collective trademark and under what conditions,
• provisions on the rights and obligations of the user of a collective trademark in case of the infringement thereof,
• provisions on the measures and consequences in case of noncompliance with the provisions of the general act.
Application for the grant of a GUARANTEE TRADEMARK, in addition to the above documents, also contains:
√ A general act on the guarantee trademark that must contain the provisions on:
• Common characteristics of the goods/services guaranteed by a guarantee trademark,
• Supervision of the use of a guarantee trademark by its holder.
Accordal of the filing date to an application requires that on that date, the application filed with the Institute contains: an indication to the effect that the grant of a trademark is sought, applicant contact information, a sign that the applicant wishes to protect, and the list of goods/services to which the sign relates.
The form is completed on the computer or the typewriter. It is submitted in one of the official languages of B&H, in two copies. One copy is retained by the Institute, and the other copy with the trademark application number, incoming mail serial number, date stamped and stamped with the official seal is returned to the applicant as proof that the filing date has been accorded to the application.
A trademark application is accompanied by the following documents:
√ Power of attorney if a trademark application is filed through a representative.
√ For a collective trademark/guarantee trademark – General act on the collective/guarantee trademark.
For more information, please refer to the Regulations Concerning Procedure for the Grant of a Trademark (currently available in local language).