Overview

Formal procedures
in all six jurisdictions

Formal opposition and cancellation procedures exist in all six Western Balkan jurisdictions. We act on both sides - filing oppositions on behalf of rights holders and defending applications under challenge - and handle invalidation and non-use cancellation proceedings before the relevant IP offices.

Opposition deadlines

Consistent across the region

Opposition deadlines are uniform across all six jurisdictions: three months from the date of publication in the official gazette. This consistency is one of the more practical features of the regional system - portfolio-wide monitoring and response can be structured around a single timeline.

Jurisdiction Oposition window
Serbia 3 months from publication
Bosnia & Herzegovina 3 months from publication
Montenegro 3 months from publication
North Macedonia 3 months from publication
Albania 3 months from publication
Kosovo* 3 months from publication

Grounds

Grounds for opposition

Likelihood of confusion with an earlier registered mark accounts for approximately 90% of opposition cases in practice. Other available grounds include:

Identity with an earlier mark
Well-known mark protection under Article 6bis of the Paris Convention - less frequently invoked and requiring a higher evidentiary threshold
Bad faith filing - recognised as a ground but rarely advanced as a standalone basis

Cancellations

Cancellation and invalidation

Cancellation and invalidation proceedings in all six jurisdictions are conducted before the relevant national IP office — they are not brought directly before the courts at first instance. The IP office is the primary forum, and judicial review is available against its decisions through the administrative court system.

Bosnia & Herzegovina

Single jurisdiction for IP purposes

Bosnia and Herzegovina operates as a single jurisdiction for trademark purposes. The Institute for Intellectual Property of Bosnia and Herzegovina has exclusive competence for opposition, cancellation and invalidation proceedings - the entity structure does not create separate IP procedures. In practice, proceedings follow the same structure as in the other jurisdictions, though processing times can be slower.