Trademarks Law in North Macedonia
Trademark Law in North Macedonia
1. Legal Framework
Trademark protection in North Macedonia is primarily governed by:
Law on Industrial Property (latest consolidated version adopted in 2009, with subsequent amendments)
Regulations on Trademark Registration
Administered by the State Office of Industrial Property (SOIP)
North Macedonia is a member of key international treaties:
Madrid Protocol (joined in 1995)
Paris Convention for the Protection of Industrial Property
TRIPS Agreement (as a WTO member)
Nice Agreement (for classification of goods/services)
2. What Can Be Registered as a Trademark?
Registrable trademarks include:
Words, names, letters, numerals
Logos, images, symbols, colors
Three-dimensional shapes, packaging
Sounds and motion marks (if graphically representable)
Collective marks and certification marks
Marks must be distinctive and not misleading or contrary to public order or morality.
3. Trademark Registration Process
Authority: State Office of Industrial Property (SOIP)
Steps:
Application Filing (includes representation of the mark and a list of goods/services classified under the Nice Classification)
Formal Examination
Substantive Examination (distinctiveness, conflicts with earlier rights)
Publication in the Official Gazette
Opposition Period: 3 months from publication date
Registration if no opposition or after opposition is rejected
4. Duration and Renewal
Trademark protection lasts for 10 years from the filing date
Renewable indefinitely for 10-year periods
A 6-month grace period for late renewal (with surcharge) is available
5. Rights Conferred
Exclusive right to use the mark in North Macedonia for registered goods/services
Right to oppose and prevent the use or registration of confusingly similar marks
Right to license or assign the trademark
6. Infringement and Enforcement
Trademark infringement includes:
Unauthorized use of identical or similar marks
Counterfeit goods bearing the trademark
Enforcement mechanisms:
Civil litigation (injunctions, damages)
Administrative actions
Criminal prosecution for counterfeiting
Customs enforcement for import/export control
7. International Protection
Madrid Protocol: International applicants can designate North Macedonia through a Madrid application
Paris Convention: Priority can be claimed within 6 months of first filing in another member country
Trademarks can also be protected regionally via European Union Trade Marks (EUTMs) once North Macedonia completes EU accession
Summary
| Feature | Details |
|---|---|
| Governing Law | Law on Industrial Property (2009, amended) |
| Registration Authority | State Office of Industrial Property (SOIP) |
| Duration of Protection | 10 years, renewable indefinitely |
| Opposition Period | 3 months |
| Madrid Protocol Member | ✅ Yes (since 1995) |
| International Treaties | Paris, TRIPS, Nice, Madrid |
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