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Macedonia (MK)

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Feb 14, 2019 (Newsletter Issue 2/19)
Change of Name to North Macedonia
On January 25, 2019, the Greek Parliament ratified the Prespes agreement between Macedonia and Greece, ending the nearly three-decade long dispute between the two countries over the name “Macedonia”.

The official constitutional name of the Republic of Macedonia will change to “Republic of North Macedonia”, while the country’s short name will be “North Macedonia”.

The agreement regulates the change of the country code and will impact the area of intellectual property once the new name takes effect.

For more information on this and on new renewal fees, please check here


Source: www.petosevic.com

Apr 01, 2011 (Newsletter Issue 6/11)
Law on Industrial Property Amended
The Parliament of the Republic of Macedonia ratified amendments to the Law on Industrial Property, which came into force on March 5th, 2011.

The primary reason for amending the Law on Industrial Property is that, as of recently, the Law on Quality of Agricultural Products regulates Protected Designations of Origin (PDO) and Protected Geographical Indication (PGI) for agricultural and dairy products. Thus, the provisions for protection of such products had to be removed from the Law on Industrial Property; other products with PDO and PGI remain under the scope of the Law on Industrial Property.

Another significant change concerns the State Market Inspectorate’s enforcement activities. The Law on Industrial Property now obligates the State Market inspectors to temporarily detain counterfeit goods placed on the market, while the old law did not clearly specify what was to be done with the counterfeits on the market. Instead of detaining the goods, the inspectors often issued orders for these goods to be removed from the market, but the goods were not destroyed and their fate was unknown.

The amendments introduce the possibility of out-of-court settlement.

Source: PETOŠEVIĆ, Macedonia


Mrz 15, 2011 (Newsletter Issue 5/11)
Translation of Nice Classification (9th)
The Macedonian State Office of Industrial Property (IPO) has published the official Macedonian translation of the Ninth Edition of the International Classification of Goods and Services under the Nice Agreement.

The Macedonian translation is available in print at the Macedonian IPO and in the PDF format on the IPO website.

Source: PETOŠEVIĆ, Macedonia


Aug 01, 2010 (Newsletter Issue 13/10)
Lisbon Agreement Ratified
The Macedonian Assembly ratified the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration at its session on May 31st, 2010.

The agreement will enter into force three months after the date on which the WIPO Director General is notified of the ratification.


Source: www.petosevic.com

Apr 14, 2010 (Newsletter Issue 9/10)
Accession to the Vienna Agreement
The Republic of Macedonia ratified the Vienna Agreement on the International Classification of the Figurative Elements of Trademarks.
The said Agreement will enter into force, with respect to the former Yugoslav Republic of Macedonia, on May 26, 2010.

Source: www.wipo.int


Dez 15, 2009 (Newsletter Issue 5/09)
State Office of Industrial Property Publishes New Fees
On October 30, the State Office of Industrial Property of the Republic of Macedonia published new fees.

The changes to the fees are minor. All service fees remain the same. The only change is that unemployed individuals, students, retirees, and disabled persons do not have to pay for searches of the Patent Database. Also, all physical persons that apply for a patent in the area of ecology or protection of the environment can search the Patent Database for free.

In addition, if the patent application is submitted electronically, the granting and printing fees are reduced by 30 percent.

The Macedonian Government approved the fees on September 22, 2009.



Source: www.petosevic.com

Legal basis is the Industrial Property Law of 17.02.2009 (as third regulation), entered into force on 25.02.2009. - “Official Journal of R.Macedonia”No. 21.
Macedonia is a member of the Paris Convention, Madrid Agreement and the Madrid Protocol and of the Singapore Treaty.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Trademarks which were protected in former Yugoslavia are protected in Macedonia only if they were re-registered within the period stipulated.
Nice classification, 9th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, pictures, drawings, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The application is filed at the State Office of Industrial Property (SOIP).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks.
The processing time from first filing to first office action is approx. 3 to 6 months.
The processing time from first filing to registration is approx. 6 to 12 months, and exceptionally up to 24 months.
After registration, the trademark is published in the Gazette “Glasnik”.
National:
Since January 1st, 2004, there is an opposition procedure. The time limit for filing an opposition at the SOIP is 90 days after the publication of the application in the official gazette of the SOIP (Industrial Property Gazette).
There is no possibility for extension of the time limit for filing opposition. If no opposition is filed, the application will be granted.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals is 9 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is MKD 600 for up to three classes and MKD 100 for each additional class. The publication fee, paid along with the application, is MKD 750 for up to three classes and MKD 180 for each additional class.
The registration fee is MKD 4000 for up to three classes and MKD 1000 for every additional class.
The publication which needs to be paid once the trademark is accepted for grant is MKD 380 for up to three classes and MKD 180 for each additional class.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
Sep 08, 2016
Zivko Mijatovic & Partners, Skopje, Macedonia

Dez 02, 2014
Zivko Mijatovic & Partners, Skopje, Macedonia

Sep 16, 2013
Zivko Mijatovic & Partners, Skopje, Macedonia

Aug 29, 2013
MSA IP - Milojevic, Sekulic & Associates, n/a, Macedonia

Aug 07, 2012
Zivko Mijatovic & Partners, Skopje, Macedonia

Nov 21, 2011
Zivko Mijatovic & Partners, Skopje, Macedonia



State Office of Industrial Property (SOIP)
Boulevard October 11
No. 25
1000 Skopje
Macedonia


Tel +389 2 3103 601 (641)
Fax +389 2 3137 149
Mail info@ippo.gov.mk
www.ippo.gov.mk

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int