Trademarks Law in Bosnia and Herzegovina
Here is a comprehensive overview of Trademark Law in Bosnia and Herzegovina:
Trademark Law in Bosnia and Herzegovina
Trademark protection in Bosnia and Herzegovina (BiH) is governed by the Law on Trademarks (Zakon o žigu), which is harmonized with European Union regulations and international intellectual property standards. The country is also a member of key international treaties.
The Institute for Intellectual Property of Bosnia and Herzegovina (IIP BiH) is the responsible authority for trademark registration and administration.
1. What Can Be Registered as a Trademark?
Under BiH law, a trademark may consist of any sign capable of:
Distinguishing the goods or services of one entity from others, and
Being represented clearly in the register
Types of signs include:
Words (including names, letters, numbers)
Images, symbols, logos
Colors or color combinations
Shapes of products or packaging
Sounds
2. Trademark Registration Process
a. Filing
Applications are submitted to the Institute for Intellectual Property.
BiH uses a first-to-file system — priority is granted to the earliest application.
Applications must designate specific goods/services according to the Nice Classification.
b. Examination
Formal examination: checks completeness and proper form.
Substantive examination: checks for absolute grounds for refusal (e.g. lack of distinctiveness, descriptive marks).
Relative grounds (conflicts with earlier marks) are assessed only if a third party files an opposition.
c. Publication and Opposition
Applications are published in the Official Gazette.
Oppositions can be filed within 3 months of publication.
d. Registration and Duration
If no opposition or rejection, the mark is registered and published.
Trademark protection lasts for 10 years from the filing date.
It is renewable indefinitely in 10-year increments.
3. Rights Conferred by a Trademark
The owner of a registered trademark has the exclusive right to:
Use the trademark in connection with the goods/services it covers
Prevent others from using identical or confusingly similar signs
License or assign the mark
4. Infringement and Enforcement
Trademark infringement in BiH can be addressed through:
Civil actions: injunctions, damages, seizure of infringing goods
Customs action: stopping counterfeit goods at the border
Criminal prosecution: for intentional counterfeiting or commercial-scale violations
5. International Protection
Bosnia and Herzegovina is a member of:
Paris Convention
Madrid Protocol (international trademark registration via WIPO)
World Trade Organization (WTO) – TRIPS Agreement
Nice and Vienna Classifications
BiH is not an EU member yet, but its laws are aligned with the EU IP framework, and it accepts EUIPO decisions and practices as guidance.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Law on Trademarks (BiH) |
| Registration Authority | Institute for Intellectual Property (IIP BiH) |
| Duration | 10 years from filing, renewable |
| Type of System | First-to-file |
| Opposition Period | 3 months after publication |
| International Treaties | Madrid Protocol, Paris Convention, TRIPS |
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