According to Articles 11 and 156 of the Law on Industrial Property in Bosnia and Herzegovina (“Official Gazette of BiH“, no. 3/02) the Acting Director of the Institute for Standards, Measurements and Intellectual Property of Bosnia and Herzegovina, adopts the following 

 

RULE BOOK ON TRADEMARKS

 

I – BASIC PROVISIONS

Article 1. Area and Scope of Application

 

1. The Rule Book on Trademarks (hereinafter: the Rule Book) shall closely define specific issues contained in the Law on Industrial Property in Bosnia and Herzegovina (hereinafter: the Law) which are related to the procedures for recognition of the right to a trademark before the Institute for Standards, Measurements and Intellectual Property of Bosnia and Herzegovina.

2. The Rule Book shall define the following: content of the constituents and attachments to the application for a trademark; content of the register of applications for a trademark; procedure following the submission of an application for a trademark; procedure for the division of an application and division of a trademark; content of a trademark register; procedure for the entry of changes related to a trademark and to the holder of the right in the register; procedure for the entry of changes of authorized representatives in the register; extension of the trademark validity; content of a trademark certificate; procedure for the extension of a trademark validity; procedure for the issuance of certificates of priority rights; information that is published in the Official Gazette of the Institute; procedure for declaring the annulment of a decision on the recognition of the right to a trademark, i.e. the international registration of a trademark with effect to Bosnia and Herzegovina; procedure for cancelling the trademark validity due to non-usage; procedure for international registration of a trademark; as well as procedure for re-classification of goods and services of the registered and recognised trademarks in accordance with the Eighth Edition of the International Classification of Goods and Services established by the Nice Agreement on the International Classification of Goods and Services.

 

II – APPLICATION FOR A TRADEMARK

 

Article 2. Submission of the Application for a Trademark

 

1. The application for a trademark shall be submitted to the Institute for Standards, Measurements and Intellectual Property of Bosnia and Herzegovina (hereinafter: the Institute), i.e. to the branch offices of the Institute established by the enactment on the internal organisation of the Institute.

2. The acquisition of the right to a trademark in Bosnia and Herzegovina may be demanded also through an application submitted in the manner and in accordance with the regulations of the Madrid Agreement on International Registration of Trademarks.

 

Article 3. Content of the Application for a Trademark

 

1. Application for a trademark shall contain:

a) request for the recognition of a trademark;

b) appearance of the sign which is to be protected with a trademark;

c) list of goods and services for which protection of the sign is requested, marked and developed in accordance with the International Classification of Goods and Services established by the Nice Agreement on the International Classification of Goods and Services for the purpose of trademark registration (hereinafter:  the International Classification of Goods and Services);

d) indication of colour, i.e. combination of colours, in cases when the request is related to the protection of a colour sign.

2. Other constituents and attachments shall also be submitted with the application in accordance with this Rule Book.

 

Article 4. Request for the Recognition of a Trademark

 

1. The request for the recognition of a trademark shall be submitted in three copies in Form Z -01, which is integral part of this Rule Book.

The request shall contain:

a) name and surname or commercial title of the applicant, residential address in case the applicant is a natural person or office address in cases when the applicant is a legal entity (hereinafter: the applicant);

b) information about authorised representatives in cases the application for a trademark is submitted through an authorised representatives;

c) appearance of the sign;

d) information about the sign: indication whether the it is the application for an individual or collective mark, whether the sign is verbal, figurative or three-dimensional by its appearance, colour or combination of colours in cases when the protection of a colour sign is requested, transliteration, transcription and sign description;

e) indication of the class or classes to which the good/s or service/s are classified in accordance with the international classification of goods and services;

f) data on the requested priority right in accordance with Articles 7, 8 and 9 of the Law, namely:

1) date of the exhibition (fair) priority right;

2) date and number of the application and name of the state where the application is submitted; complete data on all applications in cases when a multiple priority right is demanded,

g) information that the fee and special procedural costs have been paid;

h) signature or stamp of the applicant;

i) information about the attachments to the application for a trademark.

 

Article 5. Appearance of the Sign

 

1. If the sign referred to in the application consists only of words, letters or numbers or their combinations, which are by their appearance of standard character (verbal sign), these words, letters or numbers or their combinations shall be written (by typewriter or computer) in the appropriate place in the request for the recognition of a trademark. The verbal sign shall be presented in standard signs used by the Institute in all written and electronic databases and in the Official Gazette of the Institute.

2. If the sign referred to in the application contains figurative elements or if the applicant wishes the words, letters and numbers to be recognised in specific appearance which differs from the standard (figurative sign) which is not in colour, the appearance of the sign shall be shown in a specific space foreseen in the request (Form Z-01) for that purpose, in which case two copies of the sign appearance shall be attached to the application.

3. If the request is submitted for the protection of a colour sign, indication of the colour or combination of colours shall be specified in the request for the recognition of a trademark, while the appearance of the sign in black and white technique shall be shown in a space in the request specifically designated for that purpose (form Z-01). In case a colour sign is requested, two copies of the appearance of the sign in black and white technique and two copies of the appearance of the colour sign shall be attached to the application.

4. The appearance of the sign must be designed in the manner to allow for its presentation in a square which side is 80 mm long, with the distance between the two most distant spots on the sign (horizontal, vertical or in diameter) not less that 20 mm. The appearance of the sign shall be clear, designed on the quality paper and suitable for reproduction.

5. In case of any dispute with regard to nuances or tones of the colours in which the sign is reproduced, the appearance of the sign is defined by the original sample of the sign appearance submitted in the application for a trademark. With regard to the position of the sign in the space, during the procedure for the recognition of the sign, it shall be considered that the proper position of the sign is the one shown in the request for the recognition of the trademark.

 

Article 6. Three-dimensional Sign

 

1. If the application for a trademark requests for the protection of a three-dimensional sign, a drawing of the two-dimensional appearance of the sign shall be submitted as well, with at least two perspectives – projections vertical to each other. The two-dimensional appearance of the sign shall be shown in a space specifically foreseen for that purpose in the request for the recognition of a trademark (Form Z-01).

2. If the protection of a three-dimensional colour sign is requested, the requirements relating to colour sign applications shall be applied as specified in Article 5, paragraph 3 of this Rule Book.

 

Article 7. Other Requirements Relating to the Sign

 

1. In the application for a trademark, the applicant may specify transliteration of the sing or any of its parts in cases when they are written in any other alphabet besides Latin, as well as the translation of the sign or its parts in one of the official languages, if they have a specific meaning.

2. The request for the recognition of a trademark may also include the description of the sign for which the protection is requested.

 

Article 8. List of Goods and Services

 

1. The goods and services shall be marked and classified in accordance with the International Classification of Goods and Services, in the manner that class number is mentioned first, and then to indicate the good or service covered by that class.

2. The goods and services shall be marked by their real name. The goods and services shall be marked in the manner to allow for the identification of their class on the basis of the class to which they belong (using the terms of goods and services marks that are used in the International Classification of Goods and Services).

3. The list of the goods and services for which the protection is required shall be submitted in a separate document, in three copies.

 

Article 9. Attachments and Other Constituents to the Application For a Trademark

 

1. The following shall be submitted with the application:

a) power of attorney, if the application for a trademark is submitted through an authorised representative*;

b) evidence on the entry of the applicant in the court register or any other relevant register, in cases when the applicant is a legal entity registered in Bosnia and Herzegovina;

c) enactment on the usage of a collective mark with the constituents defined in Article 75, paragraph 2 of the Law, when the request refers to the protection of a collective mark;

d) certificate, when the request refers to the recognition of the priority right referred to in Article 7 of the Law;

e) certified copy of the application, when it is requested for the recognition of the priority right referred to in Articles 8 and 9 of the Law;

f) evidence that the fee and special procedural costs for the application have been paid.**

2. The applicant is obligated to submit the attachments to the application referred to in paragraph 1, items c, d and e at latest within the period of three months after the submission of the application.

 

Note:

 

* When the application for a trademark is submitted on the grounds of general power of attorney, regardless whether it has been submitted to the Institute earlier or on the day of the submission of the application for a trademark, a copy of the power of attorney issued in that manner shall be attached to the application.

** Fees and special procedural costs may be paid collectively, in which case the applicant is obligated to submit the specification of  payments with clearly specified information about the  applications, and in appropriate number of copies attached to each application separately.

 

Article 10. Way of Submitting the Application For a Trademark

 

1. The application for a trademark shall be submitted in hard copy, and may also be submitted by fax or e-mail. When the application for a trademark is submitted by fax or e-mail, the applicant is obligated to submit the application for a trademark in appropriate number of copies not later than 8 days from the day of the submission of the application for a trademark. 

2. In case the applicant does not submit the application for a trademark in appropriate number of copies within the deadline prescribed in the previous paragraph of this Article, the Institute shall, by issuing a conclusion, delete such application from the register of trademark applications.

III – REGISTER OF TRADEMARK APPLICATIONS

 

Article 11. Content of the Register of Trademark Applications

 

The register of trademark applications shall be kept and it shall include the following information:

a) number of the application for a trademark;

b) date when the application for a trademark was submitted;

c) information about the applicant (name and address or name and official seat of the applicant);

d) information about the authorised representative, when the application is submitted through an authorised representative;

e) appearance of the sign for which the protection is requested; indication of the colour or combination of colours in cases when the protection of a colour sign is requested;

f) indication of numbers of classes and list of goods and services in accordance with the International Classification of Goods and Services;

g) information about the requested priority right;

h) information about changes to the sign from the application: any transfer of the right, licence, franchise, securities and status changes and organisational changes occurring to the applicant, licence and franchise user and securities recipient; any restriction related to the list of goods and services, as well as any information relevant to the legal status of the applicant and the trademark referred to in the application;

i) information about the divisional application for a trademark;

j) information about the way of completion of the procedure following the submission of an application.

 

IV – PROCEDURE FOLLOWING THE SUBMISSION OF THE APPLICATION FOR A TRADEMARK

 

Article 12. Submission Date of the Application for a Trademark

 

1. The application shall be entered into the register of trademark applications only if it contains:

a) request for the recognition of a trademark;

b) information about the applicant;

c) appearance of the sign to be protected with a trademark;

d) list of the goods and services for which the protection of the sign is requested;

e) indication of the colour or combination of colours, in cases when the protection is requested for a colour sign;

f) indication that the requested protection refers to a collective mark, in cases of the submission of the application for a collective mark.

2. The application which contains all elements referred to in the previous paragraph shall be entered the number of the application (BAZ no.) and the date of its receipt at the Institute, for which a certificate shall be issued upon the request by the applicant.

3. If the application does not contain all elements referred to in paragraph 1, the Institute shall invite the applicant to remedy deficiencies within 15 days.

4. If the applicant remedies the deficiencies in the application within the deadline referred to in paragraph 3, the application shall be considered to be submitted on the day of the receipt of the correct application.

5. If it is determined that the application for a trademark, which does not meet the requirements referred to in paragraph 1, is entered in the register of trademark applications, the Institute shall issue a conclusion to delete such application from the register of trademark application.

 

Article 13. Examination of the Correctness of the Application

 

1. Having entered the application for a trademark in the register of trademark applications, the Institute shall examine if the application contains all constituents defined by Articles 4 and 9 of this Rule Book and if the application is submitted in the manner defined by this Rule Book.

2. If it is concluded that the application is not correct, except for the case referred to in Article 10 of this Rule Book, the Institute shall, specifying all reasons, invite the applicant in writing to correct it within the deadline not longer than 90 days from the day of the delivery of the invitation. 

3. Upon the request by the applicant, with an explanation, the Institute shall extend the deadline referred to in paragraph 2 to not longer than 90 days from the day of the expiry of the deadline referred to in paragraph 2 of this Article.

4. The Institute shall decide on the length of the deadline referred to in paragraphs 2 and 3 depending on the nature of the deficiencies in the application for a trademark.

5. If the applicant does not, within the prescribed deadline, comply with the invitation sent by the Institute, or does not pay the fee and special procedural costs pertaining to the correction of the application, the application for a trademark shall be rejected by a conclusion.

6. If the applicant, during the procedure, declares in writing that he/she withdraws the request, the procedure following the submission of the application shall be cancelled by a conclusion.

 

Article 14. Correction to the List of Goods and Services

 

1. If the list of good and services is not marked and classified in accordance with the International Classification of Good and Services, or the goods and services are defined too mainly, unclearly or incorrectly, the Institute shall, during the examination procedure of the correctness of the application for a trademark referred to in the previous Article of the Rule Book, invite the applicant to correct the list of goods and services.

2. If the applicant does not comply with the invitation, or if he does comply, but the Institute still considers that the goods and services are not marked and classified in accordance with the International Classification of Good and Services, the Institute shall classify the goods and services, send the proposal of changes to the list of goods and services to the applicant and invite him/her to declare himself/herself about the proposed list within 15 days and to pay the fee and special costs pertaining to the procedure of correcting the list of goods and services.

3. If the applicant does not declare himself/herself about the proposed list of goods and services within the prescribed deadline or if he/she does not pay the fee and special costs pertaining to its correction, the application shall be rejected by a conclusion.

 

Article 15. Examination of requirements for the Recognition of a Trademark

 

If, upon the completion of the procedure for the examination of the correctness of the application for a trademark, it is determined that the application for a trademark meets all provisions referred to in the Rule Book, the Institute shall examine if the requirements referred to in Articles 69, 70 and 71 of the Law are met.

 

Article 16. Decision on the refusal of the application and on partial the recognition of a trademark

 

1. If, during the procedure for the examination of the requirements for the recognition a trademark, it is determined that the application for a trademark does not meet legally prescribed requirements for the recognition of a trademark, the Institute shall in writing (the result of the examination) notify the applicant about the grounds not to recognise the right to a trademark, or not to recognise it in the required scope and it shall invite him/her to declare himself/herself about the grounds within the deadline which may not be longer than 90 days, i.e. to submit the request for amendments.

2. Upon the request by the applicant with an explanation, the Institute shall allow for an extension of the deadline referred to in paragraph 1 for not longer than 90 days from the day of the expiry of the deadline determined by the examination result.

3. The Institute shall decide on the length of the deadline for the declaration about the examination results, as well as for the extension of the deadline referred to in Articles 1 and 2.

4. If the applicant does not declare himself/herself about the grounds for refusal within the deadline determined in the results of the examination, i.e. within the extended deadline in accordance with the provisions of this Article, or does declare but the Institute still believes that the right to a trademark may not be recognised, the Institute shall reject the application by a decision. 

5. If the applicant does declare himself/herself about the grounds for which the Institute believes that the right to a trademark may not be recognised within the deadline determined in the examination results, i.e. within the extended deadline in accordance with the provisions of this Article, and provides new facts and circumstances or provides appropriate evidences, the Institute may, if it considers the new facts and circumstances justified, issue a decision on the recognition or a trademark or a decision on the partial acceptation of the application for a trademark. 

 

Article 17. Decision on the Recognition of a Trademark

 

1. If the application for a trademark meets the requirements for recognition of the right or if during the procedure following the results of the examination, the Institute makes a decision on the partial acceptation of the request for the recognition of a trademark,  the Institute shall invite the applicant to pay the fee and special procedural costs for the first ten years for the maintenance of the right to a trademark and special costs of the publication of the trademark in the Official Gazette of the Institute within 30 days from the receipt of the invitation.

2. The Institute shall recognise the trademark by a decision or partially accept the request for the recognition of the trademark, if the applicant, within the deadline referred to in paragraph 1, submits the evidence on the payment of the fee and special procedural costs. **

3. If the applicant does not submit the evidence on the payment of the fee and special procedural costs within the deadline referred to in paragraph 1, the Institute shall reject the application for the trademark by a conclusion.

 

Note:

 

**) The provisional note shall be applied as in Article 9 of this Rule Book.

 

Article18. Division of the Application for a Trademark

 

The request for the division of the application for a trademark shall be submitted in three copies in Form Z-02, which is integral part of this Rule Book.

The request shall contain:

a) number of the general application and date of its submission;

b) information on the applicant (name and surname or name and official seat of the applicant);

c) list of the goods and services required for the divisional application for a trademark, as an excerpt of the list of goods and services from the general application ;

d) information on the authorised representative, if the divisional application is submitted through an authorised representative*;

e) appearance of the sign, which shall be identical to the appearance of the sign in the general application;

f) evidence that the fee and special procedural costs for the request for the division of the application for a trademark have been paid.**

 

Note:

 

*) **) The provisional note shall be applied as in Article 9 of this Rule Book.

Article 19 Procedure Following the Submission of the Request For the Division of an Application

1. If the request for the division of the application is submitted in accordance with Article 18 of this Rule Book, the Institute shall make decision on the division of the application.

2. The divisional application for a trademark is entered in the register of trademark applications.

3. If the request for the division of the application is not correct within the meaning of Article 18 of this Rule Book, the Institute shall invite the applicant to correct it within 30 days. If the applicant does not comply with the invitation of the Institute, the request shall be rejected by a conclusion.

 

Article 20. Division of a Trademark

 

1. The request for the division of a trademark shall be submitted in three copies in Form Z-03, which is integral part of this Rule Book.

The request shall contain:

a) number of the trademark and date of the issuance of the decision on the recognition of a trademark;

b) information on the holder of a trademark (name and surname or name and official seat of the holder);

c) list of the goods and services for which the division of the application for a trademark is required, as an excerpt of the list of goods and services from the general registration;

d) information on the authorised representative, if the request is submitted through an authorised representative*;

e) appearance of the trademark, which is identical to the appearance of the trademark in the general registration;

f) evidence that the fee and special procedural costs for the request for the division of a trademark and its publication in the Official Gazette of the Institute have been paid.**

 

Note:

 

*) **) The provisional note shall be applied as in Article 9 of this Rule Book.

 

Article 21. Procedure Following the Request For the Division of a Trademark

 

1. If the request for the division of a trademark is submitted in accordance with Article 20 of this Rule Book, the Institute shall issue a decision on the division of the trademark.

2. The divisional trademark shall be entered in the trademark register.

3. If the request for the division of a trademark is not correct within the meaning of Article 20 of this Rule Book, the Institute shall invite the applicant to correct it within 30 days. If the applicant does not comply with the invitation from the Institute, the request shall be rejected by a conclusion.

 

V – TRADEMARK REGISTER

 

Article 22. Content of the Trademark Register

 

1. The following data shall be entered in the trademark registers recognised by the Institute:

a) number of the trademark and date of the issuance of the decision on the recognition of a trademark;

b) ) information about the holder of a trademark; name and surname or name and address, or name and  official seat of the holder of the trademark);

c) date of the submission of the application for a trademark and the number of the application;

d) information about the recognised priority right;

1) date of the exhibition (fair) priority right;

2) date and number of the application on the basis of which the union priority right is recognised and name of the state in which the application has been submitted, i.e. information about the applications in cases when multiple priority right is recognised;

e) appearance of the trademark and information about the trademark;

f) indication of the classes and list of the goods and services;

g) trademark validity period and information about the extension of the trademark validity;

h) information about the authorised representative, if the holder of a trademark has an authorised representative,

i) information about changes related to the trademark: any transfer of the right, licence, franchise, securities and any status changes and organisational changes occurring to the holder of the trademark, user of the licence and franchise and securities recipient; as well as any other information relevant to the legal status of the holder the trademark and the trademark itself;

j) information about the cessation of the validity of the trademark as well as the grounds for the cessation of the trademark;

k) information about the division of the trademark.

2. The content and type of information on international registration of trademarks are defined by the Madrid Agreement on International Registration of Trademarks and the Rule Book on its implementation. The International Trademark Register is kept at the International Bureau of the World Organisation for Intellectual Property. The Institute shall, upon the request by an interested party, provide data on international registrations of trademarks with effect to Bosnia and Herzegovina.

 

VI – PROCEDURE FOR THE ENTRY OF CHANGES TO REGISTERS

 

Article 23. Request for an Entry of Changes to the Register

 

1. Request for an entry of changes to the register shall contain:

a) number of the application for a trademark, i.e. number of the trademark;

b) date of the entry of the application for a trademark, i.e. the trademark in the appropriate register;

c) information about the applicant, i.e. the holder of a trademark;

d) information about the authorised representative, if the holder of a trademark has an authorised representative;

e) clear indication about the type of the change and its content;

f) information that the fee and special procedural costs have been paid,

g) signature or stamp of the applicant.

2. The following shall be attached to the request referred to in paragraph 1:

a) evidence on legal grounds for the registration of the change for which the entry in the register of requests is demanded (the original or a certified copy), except in the case of the registration of the change to the address,

b) power of attorney, if the entry is initiated through an authorised representative*;

c) evidence that the fee and special costs of the procedure for decision following the request for the entry of the change and the publication of the information in the Official Gazette of the Institute.**

3. The request for the entry of the change in the register is submitted in three copies in Form Z-04 (changes relating to the trademark: any transfer of the right, and status changes and organisational changes occurring to the holder of the application, holder of the licence and franchise and securities recipient, restriction in listing the goods and services) and Z-05 (entry of the license, sub-license, security, forcible execution). The forms referred to in this paragraph are integral part of this Rule Book.

 

Note:

 

*) **) The provisional note shall be applied as in Article 9 of this Rule Book.

 

Article 24. The procedure for Entry of Changes in the Register

 

1. If the request for the entry of a change is submitted in accordance with Article 23 of this Rule Book and if it is in compliance with legally prescribed requirements, the Institute shall issue a decision on the entry of the change in relevant register.

2. If the request for the entry of a change is not submitted in accordance with Article 23 of this Rule Book, the Institute shall invite the applicant to correct the request within a period of time not longer than 60 days from the day of the receipt of the invitation.

3. If the applicant does not comply with the invitation of the Institute within the prescribed time limit, the request for the entry of the change shall be rejected by a conclusion.

4. If the legal ground for the entry of a change does not meet legally prescribed requirements or if the data in the request do not match the data in the registers, the Institute shall invite the applicant to declare himself/herself about the grounds on which the entry shall not be made within 30 days from the day of the receipt of the invitation. If the applicant does not declare himself/herself about the grounds on which the entry may not be made within the prescribed time limit, or if he/she does, but the Institute still believes that the entry of the change may not be done, the Institute shall reject the request by a conclusion.

 

VII – CHANGE OF THE AUTHORISED REPRESENTATIVE IN THE REGISTER

 

Article 25. Request for Entry of a Change of the Authorised Representative

 

1. The request for entry of a change of the authorised representative is submitted in three copies in Form PZ-01, which is integral part of this Rule Book.

The request shall contain:

a) number of the application, i.e. number of the right;

b) date of the entry of the application, i.e. the right in the appropriate register;

c) information about the applicant, i.e. information about the holder of the right;

d) information about the previous authorised representative and the authorised representative who submits the request for the entry;

e) indication about the scope of the power of attorney (general, or individual for a specific action or for several actions in the procedure);

f) information about the special procedural costs that have been paid,

g) signature or stamp of the applicant.

2. The following shall be attached to the request referred to in paragraph 1:

a) correct power of attorney, as an evidence of the legal ground for the entry of the change of the authorised representative;

b) evidence that the special costs for the procedure following the submission of the request for the entry of the change.*

 

Note:

 

*) **) The provisional note shall be applied as in Article 9 of this Rule Book.

3. If the request for entry of a change of the authorised representative is submitted in accordance with this Article, the Institute shall issue a decision on the entry of the change of the authorised representative in the register. If not, the Institute shall not proceed in accordance with the request. The information about the change of the authorised representative shall not be published in the Official Gazette of the Institute.

 

VIII – EXTANTION OF THE VALIDITY OF A TRADEMARK

 

Article 26. Request for Extension of the Validity of a Trademark

 

1. Request for extension of the validity of a trademark shall be submitted in three copies in Form Z-04, which is integral part of this Rule Book.

The request shall contain:

a) number of the trademark and its validity period;

b) information about the holder of the trademark: name, surname and address, i.e. name and address of the official seat of the holder of the trademark;

c) information about the authorised representative, if the request is submitted through an authorised representative;

d) indication whether the extension of the validity is requested for all goods and services defined by the valid registration, or only for specific goods or services, in which case a list of the goods and services whose trademark validity is extended shall be attached;

e) information that the fee and procedural costs have been paid;

f) signature or stamp of the applicant.

2. The evidence that the fee and special costs of the procedure for the extension and the publication of the information in the Official Gazette of the Institute is also attached to the request.

 

Note:

 

*) The provisional note shall be applied as in Article 9 of this Rule Book.

 

IX – CERTIFICATE ON PRIORITY RIGHT

 

Article 27. Request for Issuance of a Certificate

 

1. The Institute shall issue a certificate on priority right upon the request of the applicant.

2. The request for issuance of the certificate referred to in paragraph 1  shall contain:

a) number and date of the entry of the application in the register of trademark applications;

b) indication about the classes and the listing of goods and services, identical to the one in the application for the trademark;

c) evidence that special costs of the procedure for issuing the certificate have been paid.

 

Article 28. Content of the Certificate

 

The certificate on priority right shall contain:

a) name, surname and address, i.e. name and address of the official seat of the applicant;

b) number and date of the entry of the application for the trademark in the register;

c) appearance of the sign and information about the sign;

d) indication of the classes and the list of the goods and services for which the application is submitted;

e) indication that the information in the certificate is identical to those in the application for the trademark.

 

X – PUBLICATION OF A TRADEMARK

 

Article 29. Information Which Is Published in the Official Gazette of the Institute

 

1.The following information shall be published in the Official Gazette of the Institute:

a) number of the trademark and date of the recognition, i.e. the entry of the trademark in the trademark register;

b) date of the submission of the application and number of the application for a trademark;

c) information about the recognised priority right;

d) trademark validity period;

e) information about the holder of the trademark (name, surname and address, i.e. name and address of the official seat);

f) information about the authorised representative;

g) appearance of the trademark and trademark data;

h) classes and listing of the goods and services.

2. The information referred to in paragraph 1 shall be marked with the INID codes for identification of bibliographic data on goods and service trademarks established by the World Organisation for Intellectual Property.

 

Article 30.

 

The following information shall also be published in the Official Gazette of the Institute:

a) entry of changes to the trademark register;

b) cessation of the trademark validity;

c) extension of the trademark validity. In cases of the restriction of the listing of goods and services or re-classification of goods and services, the listing of goods and services shall be published as well,

d) division of the trademark;

e) number and date of the decision on the annulment of the decision on the recognition of the trademark, trademark number and information about the holder of the trademark, as well as information about whether the decision is annulled in its entirety of partially;

f) number and date of the decision on the cessation of a trademark for non-usage, trademark number and information about the holder of the trademark, as well as information about whether the trademark ceased in its entirety or partially.

 

XI – TRADEMARK DOCUMENT

 

Article 31. Content and Issuance of the Trademark Document

 

1. The trademark document shall contain:

a) registration number of the trademark and date of the entry in the trademark register;

b) date of the submission of the application for a trademark and number of the application;

c) information about the holder of the trademark (name, surname and address, i.e. name and address of the official seat of the holder);

d) information about the recognised priority right;

1) date of the exhibition (fair) priority right,

2) date and number of the application on the basis of which the union priority right is recognised and name of the state in which the application is submitted, i.e. information about the applications if the multiple priority right is recognised;

e) appearance of the trademark and trademark data;

f) classes and listing of the goods and services for which the trademark is recognised;

g) information about the division of the trademark;

h) trademark validity period.

2. The data referred to in paragraph 1 are marked with INID codes.

3. The trademark document shall be issued following the entry of the trademark in the register and the payment of costs pertaining to printing expanses.

 

XII – ANNULMENT OF THE DECISION ON THE RECOGNITION OF A TRADEMARK I.E. INTERNATIONAL REGISTRATION

 

Article 32. Request for Declaration of the Annulment of a Decision

 

1. The procedure to annul a decision on the recognition of a trademark, i.e. international registration with effect to Bosnia and Herzegovina shall be initiated with a written request in three copies in Form Z-07 which is integral part of this Rule Book.

The request shall contain:

a) number of the trademark and date of its registration in the appropriate register;

b) complete information about the applicant (name and address, i.e. name and official seat);

c) complete information about the holder of the trademark, the annulment of which is requested;

d) information about the authorised representative, if the request is submitted through an authorised representative;

e) grounds for requesting the annulment of the decision on the recognition of a trademark, i.e. international registration;

f) information that the fee and costs of the request procedure have been paid;

g) signature or stamp of the applicant.

2. The following shall be attached to the request:

a) correct power of attorney, if the procedure is initiated through an authorised representative;

b) evidence, i.e. evidences supporting the grounds for the declaration of the annulment of the decision specified in the request;

c) appearance of the trademark which annulment is requested in two copies,

d) evidence that the fee and special procedural costs of the request procedure have been paid.

 

Article 33. Procedure Following the Submission

of the Request For the Annulment of a Decision

 

1. If the request for the annulment of a decision does not contain the data and attachments referred to in Article 32 of this Rule Book, the Institute shall invite the applicant to correct the request within 60 days.

2. If the applicant does not correct the request within the deadline referred to in paragraph 1, the Institute shall reject the request by a conclusion.

3. The Institute shall deliver the correct request to the holder of a trademark and invite him/her to declare himself/herself about the ground for the annulment of the decision within 60 days. The Institute may, if deems necessary, schedule a verbal hearing to which it shall invite the applicant and the holder of the trademark.

4. Based on the results of the procedure carried out following the submission of the request for the annulment of a decision on the recognition of a trademark, i.e. international registration with effect to Bosnia and Herzegovina, the Institute may issue a decision on the annulment of the decision on the recognition of a trademark, i.e. international registration in its entirety or partially, for specific goods, i.e. services, or a decision on the rejection of the request for the annulment of a decision.

5. The decision on the annulment of a decision on the recognition of the right to a trademark shall be entered in the appropriate register.

6. The data determined in Article 30, item e of this Rule Book shall be published in the Official Gazette of the Institute.

 

XIII – CESSATION OF A TRADEMARK FOR NON-USAGE

 

Article 34. Request For Cessation of a Trademark for Non-usage

 

1. The procedure for cessation of a trademark shall be initiated with a written request in three copies in Form Z-08, which is integral part of this Rule Book.

The request shall contain:

a) number of the trademark and date of its entry in the appropriate register;

b) complete information about the applicant (name and address, i.e. name and official seat);

c) complete information about the holder of the trademark, the cessation of which is requested;

d) information about the authorised representative, if the request is submitted through an authorised representative;

e) grounds for requesting the cessation of the trademark;

f) information that the fee and costs for the request procedure have been paid;

g) signature or stamp of the applicant.

2. The following shall be attached to the request:

a) correct power of attorney, if the procedure is initiated through an authorised representative;

b) appearance of the trademark which annulment is requested, in two copies,

c) evidence that the fee and special costs of the request procedure have been paid.

 

Article 35. Procedure Following the Submission

of the Request For Cessation of a Trademark for Non-usage

 

1. If the request for cessation of a trademark for non-usage does not contain the data and attachments referred to in Article 34 of this Rule Book, the Institute shall invite the applicant to correct the request within 60 days.

2. If the applicant does not correct the request within the deadline referred to in the previous paragraph 1, the Institute shall reject the request by a conclusion.

3. The Institute shall deliver the correct request to the holder of a trademark and invite him/her to declare himself/herself about the ground for the cessation of the trademark within 60 days. The Institute may, if deems necessary, schedule a verbal hearing to which it shall invite the applicant and the holder of the trademark.

4. Based on the results of the procedure carried out following the submission of the request, the Institute may issue a decision on the cessation of a trademark in its entirety or partially, for specific goods, i.e. services, or a decision on the rejection of the request for cessation of a trademark for non-usage.

5. The decision on the cessation of the trademark for non-usage is entered in appropriate register.

6. The data determined in Article 30, item f of this Rule Book shall be published in the Official Gazette of the Institute.

 

XIV – INTERNATIONAL REGISTRATION OF A TRADEMARK

 

Article 36. Request for International Registration of a Trademark

 

1. The procedure for international registration of a trademark is initiated by submitting a request for international registration of a trademark in three copies, in Form Z-09, which is integral part of this Rule Book.

The request shall contain:

a) name, surname and address, i.e. name and official seat of the applicant;

b) information about the authorised representative, if the application is submitted through and authorised representative;

c) number and date of the trademark application and number of the trademark and date of its entry in the register at the Institute, which is the basis for international registration;

d) indication of previous international registrations (number and date of registration) relating to the same trademark;

e) indication of the classes to which good and services are classified;

f) information about the requested priority right;

g) appearance of the trademark, which is identical as in the decision on the recognition of the trademark;

h) indication of whether an individual or collective trademark is required, in the case of registration of individual or collective trademark;

i) indication that a three-dimensional trademark is requested, in the case of registration of three-dimensional trademark;

j) indication of the colours and combination of colours, in the French language, if the protection of a colour trademark is requested;

k) transliteration of the trademark;

l) translation of the trademark in French (if it is possible);

m) additional data to describe integral elements of the trademark (in French);

n) information that the fee and special costs of the procedure for the request for international registration of a trademark have been paid;

o) indication of the states in which the trademark registration is requested;

p) list of all attachments submitted with the request;

q) signature or stamp of the applicant.

2. All data from the international application for a trademark shall be identical to the corresponding data from the trademark register, i.e. the decision on the recognition of the trademark, except for the information about the authorised representative.

3. The following shall be attached to the request for the international recognition of a trademark:

a) correct power of attorney, if the application is submitted through an authorised representative;

b) certificate by the World Organisation for Intellectual Property on the payment of the fee for international registration (quittance);

c) drawing of the trademark in two copies, if the trademark is figurative; if it is requested for the protection of a colour trademark, two copies of the appearance of the trademark shall be attached, as well as two copies of the appearance of the trademark in black and white technique; as regards dimensions of the appearance of the sign, the provision of the Article 5, paragraph 4 of this Rule Book shall be applied accordingly;

d) correct listing of the goods and services classified in accordance with the international classification of goods and services, in French, in three copies;

e) evidence that the fee and costs of the procedure for the request for international registration have been paid.

 

Article 37. List of Goods and Services

 

1. The list of goods and services may contain all goods and services for which the trademark was recognised according to the decision by the Institute.

2. The applicant may specifically indicate that he/she cancels the protection for specific gods and services in one or more states.

 

Article 38. Procedure Following the Request for International Registration

 

1. Following the receipt of the application for international registration, the Institute shall examine if the request contains all data and attachments referred to in Article 36 of this Rule Book (necessary data).

2. If the application for international registration is not submitted in accordance with the provisions of this Rule Book, the Institute shall invite the applicant to correct it within 30 days from the receipt of the invitation.

2. If the applicant does not comply with the invitation referred to in paragraph 2, the Institute shall reject the request by a conclusion.

3. The Institute shall deliver the correct application to the International Office for further procedure as stipulated by the provisions of the Madrid Agreement.

 

Article 39. Changes to the International Trademark Register

 

1. Upon the request of the holder of an internationally registered trademark, the Institute shall forward the request for entry of any change to the international register foreseen by the provisions of the Madrid Agreement and the extension of trademark validity.

2. During the procedure of entering changes to the International Register and extension of trademark validity, the provisions of the Madrid Agreement and the Rule Book on its implementation shall be applied.

3. The Institute shall also notify the International Office about the cessation of the internationally registered trademark.

 

XV – RE-CLASSIFICATION OF GOODS AND SERVICES OF THE REGISTERED AND RECOGNISED TRADEMARKS ACCORDING TO THE EIGHTH EDITION OF THE INTERNATIONAL CLASSIFICATION OF GOODS AND SERVICES

 

Article 40. Re-classification of Goods and Services of the Recognised Trademarks

 

1. The procedure for re-classification of goods and services according to the eighth edition of the International Classification of Goods and Services for the trademarks entered in the register at the Institute before  the entry into force of this Rule Book, for which it is necessary to make re-classification of goods and services, shall be initiated with a written request for re-classification of goods and services at latest within a year time from the date of entry into force of this Rule Book.

2. If, within the period of time referred to in paragraph 1, the holder of a trademark does not submit a request for entry of a change to the trademark register, with the exception of the change of authorised representative or the request for the extension of trademark validity, he/she shall be obliged to attach to the request the list of goods and services re-classified according to the eighth edition of the International Classification of Goods and Services in three copies.

3. If the holder of a trademark does not comply with the provisions of this Article, the Institute shall make re-classification of goods and services, in which case the provision of Article 14 of this Rule Book shall be applied accordingly.  

 

Article 41. Re-classification of Goods and Services

 For the Applications For Which the Procedure Is Not Completed

 

The procedure of re-classification of goods and services for the applications for which the procedure is not completed by the day of entry into force of this Rule Book, shall be completed in accordance with the provisions of this rule Book.

 

XVI – TRANSITIONAL AND FINAL PROVISIONS

 

Article 42.

 

1. Printing costs of the trademark document for the trademarks recognised by the entry into force of this Rule Book shall be paid within 90 days from the day of entry into force of this Rule Book.

2. Following the issuance of the decision on the recognition of a trademark, the holder of the trademark shall pay printing costs of the trademark document within 30 days.

3. If printing costs of the trademark document are not paid within the time limit referred to in paragraphs 1 and 2, the Institute shall invite the holder of the trademark to pay the costs within 30 days. Otherwise, the Institute shall not issue the trademark document.

 

Article 43.

 

1. This Rule Book shall enter into force on the eighth day from the day of the publication in the Official Gazette of BiH, and it shall be applied after the expiration of six months from the day of the entrance into force of the Law.

2. This Rule Book shall be published in all official gazettes of the Entities and of Brčko District of Bosnia and Herzegovina.

 

Number IP-6509/02-01SŽ 18 July 2002 Sarajevo

Acting Director Žarko Savić