General Information | Patents of Invention
Trade & Service Marks | Industrial Designs | Domain Names
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General Information

Area: 25,713 sq. km.
Population: 2,049,000 inhabitants (estimated 2003).
Capital: Skopje, with 600,000 inhabitants.
Language: Macedonian (Cyrillic alphabet).
Currency: Macedonian Denar.

GENERAL REMARKS

Macedonia used to be a part of former Yugoslavia. The republic declared its independence on September 8, 1992. The former Yugoslav industrial property rights granted prior to July 15, 1993, could be re-registered at the Macedonian Industrial Property Office until July 15, 1995.

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Patents of Invention

LEGAL BASIS

• First Industrial Property Law, in force since July 15, 1993; new Industrial Property Law, in force since January 1, 2004.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Version, as of September 8, 1991.
• Patent Cooperation Treaty (PCT), as of August 10, 1995.
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since August 30, 2002.
• Strasbourg Agreement Concerning the International Patent Classification, since May 30, 2003.

FILING REQUIREMENTS (to be sent to resident agent for filing an application)

• Power of Attorney, no legalization (can be subsequently filed);
• Specification, claims (German type) and abstract;
• Drawings, if any;
• Certified copy of the priority application(s), if any.

REMARKS

National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.
Validity: issued after a formal examination, and valid for 20 years, provided that prior to the ninth year of validity, written evidence that the invention satisfies the novelty and inventive level requirements is presented. If this evidence is not submitted, the patent is valid only for a period of ten years.
Annuities: are due for the third and each following year for patent applications and patents counting from the filing date.
Opposition: not provided for.

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Trade and Service Marks

LEGAL BASIS

• First Industrial Property Law, in force since July 15, 1993; new Industrial Property Law, in force since January 1, 2004.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention (Stockholm version) since September 8, 1991.
• Madrid Agreement, since July 23, 1993 (effect as of September 8, 1991);
• Madrid Protocol, since August 30, 2002.
• Nice Agreement concerning the International Classification of Goods and Services, since September 8, 1991.

FILING REQUIREMENTS (to be sent to resident agent for filing an application)

• Power of Attorney (signed by applicant without legalization);
• 10 prints (except for word marks), size: min. 3 x 5 cm, max. 8 x 8 cm; 4 color specimens and 6 black and white prints for marks in color;
• List of goods and services, grouped according to the international classification;
• Priority Certificate, if any.

REMARKS

Kinds of protection: verbal*, pictorial, three-dimensional and other designations or their combination. Service marks are registrable. (*Besides the original version, filing of wordmark applications in the Cyrillic alphabet is highly recommended).
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period after the registration date may lead to cancellation.
Duration – renewals: 10-year period after the filing date or last renewal date.
Opposition: in accordance with the Law of January 1, 2004, the application is published for opposition, which should be filed within ninety days. If no opposition is filed, the application will be granted.

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Industrial Designs

LEGAL BASIS

• First Industrial Property Law, in force since July 15, 1993; new Industrial Property Law, in force since January 1, 2004.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Version as of September 8, 1991.
• Locarno Agreement establishing an International Classification for Industrial Designs, since September 8, 1991.
• Hague Agreement concerning the International Deposit of Industrial Designs, since March 18, 1997.

FILING REQUIREMENTS (to be sent to resident agent for filing an application)

• Power of Attorney, not legalized (can be subsequently filed);
• Specification of the model without claim, but the novelty has to be pointed out in the specification;
• 3 photographs or 3 drawings, size 16 x 16 cm;
• Priority certificate, if any.

REMARKS

Duration – renewals: after formal examination: according to the new Law, a patent for an Industrial Design is granted for five years plus four five-year extensions of term.
Opposition: provided for in accordance with the new Law of January 1, 2004.

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Domain Names

LEGAL BASIS

• There is no specific legislation on country code top-level domain names.

FILING

• ccTLD: .mk
• Applicant: Macedonian legal entities.
• Local Presence: required.

REMARKS

Duration – renewals: one year.
Uniform dispute resolution procedure: none.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov’s Manual on Industrial Property®.

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