North Macedonia as successor of Yugoslavia is member of almost all the international conventions regarding the protection of intellectual property rights, which guarantees safety and reliability in this matter. The laws applying in North Macedonia regarding intellectual property are completely harmonized with the international conventions and agreements regulating this matter.
North Macedonia is member of the Paris Convention for the protection of industrial property since 1921, member of the Convention establishing the World Intellectual Property Organization (WIPO) since 1967, member of the Agreement on Trade-related aspects of intellectual property (TRIPS agreement) since 2003, member of the Madrid agreement concerning the international registration of marks since 1921, member to the Nice agreement concerning the international classification of goods and services for the purposes of registration od marks since 1966, member to the Vienna agreement establishing an international classification of the figurative elements of marks since 2010.
In this article, we will present the procedure of trademark registration in North Macedonia which is conducted in accordance with the intellectual property law that is applied in North Macedonia.
What shall you do to start the process?
- Find a lawyer that will conduct the procedure for you before the State Office of intellectual property of North Macedonia. Our Law Firm is listed under number 206. Only lawyers listed before the State Office of intellectual property can actually represent you in this process;
- Provide information whether the mark is individual, collective or certification mark;
- Provide information on previous registrations, if any;
- Send the logo and/or the word you want protected as trademark;
- Send a list of goods and services the trademark refers to;
- Send information who will be the owner of the trademark;
- Send information whether you wish for local protection or protection in several countries filled through the system established by the Madrid agreement concerning the international registration of marks.
What administrative costs shall you expect?
The answer to this question depends on several factors. However, if you wish for local protection of an individual trademark and protection to up to three classes of goods and services the administrative costs are as follows:
- 10 EUR for application;
- 13 EUR for publication of the application;
- 13 EUR for publication of the resolution for registration;
- 65 EUR for maintenance of the right for the following 10 years;
Time duration
The process of protection of a trademark lasts for approximately 9 months. The reason for this is that the trademark application is published in the Official gazette of the State office of intellectual property of North Macedonia and any party having an opposition to such registration may file an objection within a term of 3 months from the date of publication. What is also worth mentioning here is that the Paris convention for the protection of intellectual property determines that any person who has duly filed an application for a trademark in one of the countries of the Union, or his successor in title, shall enjoy for the purpose of filing in the other countries, a right of priority during the period of six months. This period shall start from the date of filling the first application and the day of filing shall not be included in the period.
However, you should be aware that protection is granted from the moment of filling the application for trademark registration in the State Office of intellectual property. Therefore, the duration of the administrative procedure does not affect the right itself.
Conclusion
North Macedonia and the State office of intellectual property obey to the international conventions and agreements concerning the protection of intellectual property rights. As members of almost all international conventions and agreements regulating this matter, you can be sure that your intellectual property right will be protected and recognized as such in almost all countries in the world, if the protection is sought there afterwards.
The administrative costs for the protection of a trademark are one of the lowest in the region which makes North Macedonia attractive for seeking protection of your intellectual property rights.
Our Law Firm has experienced lawyers that may guide and assist you in the protection of your intellectual property in North Macedonia.
Ivana Jevtic Nikolova
