In today’s business environment, where brand recognition directly impacts a company’s success, trademark infringement can have serious legal and financial consequences. If you are the holder of a registered trademark in Bosnia and Herzegovina, the law grants you the right to file a lawsuit for unauthorized use of your mark, name, or logo.
Trademark infringement occurs when a third party uses an identical or similar mark for the same or similar goods/services without the rights holder’s consent. This includes:
- Copying a logo, name, or visual identity,
- Using a mark that causes confusion among consumers,
- Unauthorized commercial use of a trademark (on labels, packaging, advertising, online sales),
- Import and distribution of goods bearing a mark that infringes trademark rights.
How to Recognize Infringement?
Common indicators that your trademark may have been misused include:
- Customers contact you believing they purchased your product, although it is actually a copy,
- You notice a competitor using a visually similar mark,
- Your brand loses recognition or reputation due to another’s use of a similar sign.
What Are Your Rights as a Trademark Holder?
In case of infringement, the holder of a registered trademark in Bosnia and Herzegovina has the right to:
- File a lawsuit with the competent court,
- Request a ban on further use of the trademark by the third party,
- Seek compensation for damages,
- Request the withdrawal and destruction of products that infringe the trademark.
Where Is the Legal Action Filed?
A trademark infringement lawsuit in Bosnia and Herzegovina is filed with the competent municipal or cantonal court in accordance with territorial jurisdiction. In certain cases, it is also possible to initiate administrative or customs proceedings if the infringement is detected during the import or customs clearance of goods.
Is Trademark Registration a Prerequisite for Filing a Lawsuit?
Yes. Only trademarks registered with the Institute for Intellectual Property of Bosnia and Herzegovina are entitled to legal protection through litigation. Unregistered trademarks do not have formal legal status and cannot be effectively defended in court.
Our Legal Expertise
Our law firm has experience representing clients in trademark infringement disputes before courts in Bosnia and Herzegovina, including the preparation of legal analysis and evidence, as well as communication with the Institute for Intellectual Property and other relevant institutions.
