Trademark in Macedonia — procedure, fees, and protection

What can be protected

A trademark protects any sign that can be represented graphically and that is capable of distinguishing the goods or services of one undertaking from those of another (Art. 175, Law on Industrial Property).

A sign may be:

• a word or combination of words;
• letters and numerals;
• an image, drawing, or logo;
• combinations of colors;
• three-dimensional forms, including the shape of goods or their packaging;
• combinations of the above.

Words and letters may be written in any language and any script (Art. 175(3)).

Who may file

Any natural or legal person may file an application (Art. 179). Foreign applicants must file through an industrial property representative entered in the IPPO register.

What the application contains

• Request for recognition of trademark right (form TM-1)
• Applicant details
• Graphical representation of the sign
• List of goods and services per the Nice Classification
• Power of attorney, if filed via representative

  in that case
• Proof of payment of the filing fee

Procedure step by step

1. Filing. The applicant or representative files with IPPO.
2. Formal examination. IPPO checks completeness; if OK, the application is entered in the trademark applications register with the filing date.
3. Substantive examination. IPPO examines absolute grounds for refusal (Art. 177).
4. Publication in the Official Bulletin. From the publication date, a 3-month opposition window opens (Art. 142(1)(1–6)).
5. Registration and certificate. If no opposition is filed or the opposition is rejected, IPPO issues the registration decision and the certificate within 6 months, upon payment of fees.

Absolute grounds for refusal

Under Art. 177, a trademark cannot protect a sign that, among other things, is contrary to public order or morality; cannot be represented graphically; is not distinctive; designates only the kind, purpose, or geographical origin of goods; has become customary in trade; is likely to deceive the average consumer; or contains state or religious symbols without authorization.

Non-distinctive signs may still be registered if the applicant proves acquired distinctiveness through long-term use (Art. 177(2)).

Relative grounds for refusal

• identical to an earlier filed or registered mark for the same goods;
• identical or similar to an earlier filed or registered mark for identical or similar goods and that similarity is likely to confuse;
• infringes the rights of a person whose name, surname, or image is identical or similar to the applied sign;
• identical or similar to an earlier registered mark having reputation in Macedonia;
• infringes copyright of a third party.

Validity and renewal

A trademark is valid for 10 years from the filing date (Art. 211(1)). Validity can be renewed an unlimited number of times, each time for a further 10 years, provided the renewal request is filed during the last year of validity, or no later than 9 months after expiration with payment of additional fees.

Detailed page: Renewal

International protection — Madrid System

Macedonia is party to both the Madrid Agreement and the Madrid Protocol. With one application filed through IPPO to WIPO, you can designate 100+ countries. Requirement: an existing national application or registration in Macedonia. For 5 years, the international mark depends on the national base ("central attack").

Detailed page: Madrid System