Serbian PTO Abolishes “Class Heading Covers All” Approach

In a recent announcement on its website, the Serbian PTO explained that in 2014 it made significant efforts to harmonize its practice with practices of other national offices in the EU, singling out the abolishment of the “class heading covers all” approach as the most significant change. The amendments to the methodology for various proceedings before the Serbian PTO, including this change, came into force on January 1, 2015.

Namely, national trademarks will not be registered under the “class heading covers all” approach but under the “means what it says” approach, meaning that the national trademark applicants listing class headings will have coverage only for those goods or services which unambiguously fall under the class headings, whereas some of the general designations under these headings will have to be specified or otherwise refused protection.

The PTO has identified 11 general indications of goods/services (in IC 6, 7, 14, 16, 17, 18, 20, 37, 40 and 45) that are not considered sufficiently clear and precise.

Class 06: “goods of common metal not included in other classes”

Class 07: “Machines”

Class 14: “goods in precious metals or coated therewith, not included in other classes”

Class 16: “Paper, cardboard and goods made from these materials, not included in other classes”

Class 17: “Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes”

Class 18: “Leather and imitations of leather, and goods made of these materials and not included in other classes”

Class 20: “goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics”

Class 37: “repair; installation services”

Class 40: “Treatment of materials”

Class 45: “personal and social services rendered by others to meet the needs of individuals”

Although the PTO’s announcement did not say anything in this respect, through our contacts at the PTO we learned that the new approach applies only to trademarks filed after January 1, 2015.

By: Predrag Anokic

For more information, please contact Predrag Anokic at our Serbia office.