A trademark can be the subject-matter of a pledge contract  – what is the procedure for this in Bosnia and Herzegovina?

The pledge contract must be made in writing and contains: the date of execution, the name and surname or the trade name, domicile or residence or the principal place of business of the contracting parties, as well as of the debtors if different persons are concerned, the registration number of a trademark or the number of the application for the grant of a trademark and the data on the debit claims to be secured by the pledge.

A lien creditor acquires a pledge by its entry in the register. The pledge contract  is entered in the register at the request of the trademark holder or the applicant or the lien creditor, and subject to payment of the fee and procedural charges. The Institute of Intellectual Property of Bosnia and Herzegovina issues a decision on the entry of the pledge contract in the register.

A collective trademark and a guarantee trademark cannot be the subject-matter of a pledge contract.

A procedure for the entry of a pledge in the register of the Institute is initiated by a written request accompanied by:

• evidence of the legal basis of the pledge the entry of which is requested;
• a power of attorney if the procedure for the entry of pledge is initiated through a representative;
• evidence of payment of the fee and procedural charges for the decision on the entry of the pledge in the register.

The entry of a pledge relating to several trademarks, or several applications may be contained in a single request, provided that the holder of the rights and the holder of a pledge are the same in every trademark or application, and that the registration numbers of trademarks, or the numbers of applications are indicated in the request.

For more information about establishing a pledge on trademark in Bosnia and Herzegovina, please contact Mr. Kerim Karabdic, head of Doklestic Repic & Gajin Sarajevo office.