Trademark protection represents one of the most important aspects of legal protection of business operations and brand identity in the Serbian market. By properly selecting and registering the appropriate type of trademark, rights holders ensure a competitive advantage, brand recognition, and consumer trust. In this article, we provide an overview of the basic types of trademarks under the current Law on Trademarks (Official Gazette of the RS No. 6/2020), with a special focus on practical aspects of their application.
Individual Trademark
The individual trademark is the most common form of trademark in practice. Its primary function is to distinguish the goods or services of one legal or natural person from those of other market participants. The right to an individual trademark is acquired by registration with the Intellectual Property Office, and the trademark holder has the exclusive right to use that sign for the designated goods or services.
In practice, individual trademarks are the foundation for building a brand and protecting investments in marketing and product development. The use of a trademark without the authorization of the trademark holder may constitute an infringement of rights and grounds for initiating legal proceedings to protect trademark rights.
Collective Trademark
A collective trademark is a specific category intended for associations of producers or service providers. This trademark serves to designate the products or services of association members, provided they meet certain criteria defined by the General act on the collective trademark. Upon registration, the application must be accompanied by a General act that regulates the rules for using the trademark, membership requirements, and measures in case of rule violations.
A collective trademark enables association members to jointly appear on the market under a recognizable sign, thereby strengthening their market position and guaranteeing a certain level of product quality or origin. In practice, collective trademarks are common in industries where it is important to emphasize geographical origin or common production standards (such as associations of winemakers, producers of traditional products, etc.).
Certification Trademark
A certification mark is a designation confirming that a good or service meets certain characteristics, quality standards, origin, or method of production. Unlike individual and collective trademarks, a certification mark may be registered by a legal entity that does not produce goods or provide services itself but supervises and guarantees compliance with prescribed standards.
Registration of a certification mark requires submission of a General act that defines in detail the conditions for using the mark, the standards users must meet, and control mechanisms. The holder of a certification mark is obliged to allow the use of the mark to all interested parties who meet the requirements, with the holder’s role being independent and supervisory.
In practice, certification marks are particularly important for building consumers trust, as they represent confirmation by an independent body that a product or service meets certain standards, such as labels for organic production and product quality certificates.
How to Choose which Type of Trademark to Protect Based on the Role You Need in Commerce?
By properly selecting the type of trademark and registering it, business entities in Serbia can significantly improve their market position and protect their business interests.
An individual trademark is optimal for protecting one’s own brand that is to be highlighted on the market through a certain level of recognition of the goods and services provided. A collective trademark is suitable for joint market presence and protection of the interests of association members, while a certification mark adds value by guaranteeing the quality or origin of goods and services. Practice shows that a strategic approach to trademark protection is essential for long-term market success.
This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.
By Tara Govedarovic, Junior Associate, PR Legal
