Bosnia and Herzegovina Enacts New Trade Mark Law with Targeted Procedural Reforms

A new Law on Trade Marks entered into force in Bosnia and Herzegovina on 20 June 2026. It will become fully applicable on 20 June 2027, officially replacing the 2010 Law on Trade Marks and its implementing regulations.

This legislative update explicitly aligns the national IP framework with EU Directive 2015/2436 and the EU Enforcement Directive 2004/48/EC, while preserving the basic structure of national and the Madrid System protection.

Rather than completely overhauling the trade mark ecosystem, this reform introduces targeted evolutionary enhancements. Key provisions from the 2010 framework remain intact, including ex officio examinations of absolute grounds, third-party observations, a three-month relative grounds opposition period, a proof-of-use defence in opposition proceedings, non-use revocation after five years, protection against infringing goods in transit, collective and guarantee marks, international exhaustion, and administrative invalidity and revocation proceedings.

The new law should be primarily assessed through the targeted procedural and substantive changes set out below.

Statutory Opportunity to Cure Defective Oppositions

Before dismissing an opposition, the IP Institute is now required to invite opponents to remedy filing deficiencies within a non-extendable 30-day period. This is expected to resolve the previous procedural uncertainty and reduce automatic dismissals based on correctable technical errors.

Literal Interpretation of Goods and Services

Nice Classification class headings and general descriptions will cover only items falling strictly within their literal meaning. Goods and services are no longer legally deemed similar or dissimilar simply by virtue of being in the same or different classes. Applicants can no longer rely on broad class headings and must draft clear and precise descriptions to guarantee targeted protection.

Expanded Anti-Counterfeiting Measures for Components

Trade mark owners can now prevent unauthorized preparatory actions involving packaging, labels, security tags, and authenticity markings before they are attached to finished products, if there is a risk that they will be used for infringing goods. Proprietors can take separate legal action against the affixing, offering, importing, exporting, or storage of these standalone component items.

Protection Against Generic Usage in Reference Material

If a registered trade mark is printed in a dictionary, encyclopedia, or similar publication in a manner implying it is a generic term, the owner can require the publishers to add a registered trade mark indicator (®) in the next print or electronic edition.
Detailed Framework for Certification Marks

The new law more precisely develops the legal framework for guarantee or certification marks. The mark’s proprietor must remain independent from the trade of the certified goods or services and is prohibited from using the mark personally. Rules governing authorized users, oversight mechanisms, and amendments must be filed and made publicly available. The law also details new revocation grounds if a proprietor fails to police misleading or unauthorised use of the mark.

Transition Rules and Ongoing Operations

Core mechanisms remain fully intact. The proof-of-use defence, the 2-to-24-month amicable settlement, protection of goods in transit, the 5-year non-use period, international exhaustion, and the Madrid System route remain in place without disruption. Existing registrations remain valid and will become subject to the new Law when it becomes applicable. Any proceedings initiated prior to 20 June 2027 will be completed under the terms of the 2010 Trade Mark Law. The IP Institute is tasked with formally adopting the new implementing regulations ahead of the target application date.

Prepared by: Berina Prolaz

For more information, please contact Berina Prolaz at our Bosnian office.