Pledge on Trademark in Bosnia and Herzegovina

A trademark or the rights conferred by the application may be the subject-matter of a pledge contract in respect of all or some of the goods or services. 

The pledge contract shall be made in writing and it shall contain: date of the execution thereof, 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 shall acquire a pledge by the entry thereof in the respective register of the Institute of Intellectual Property of Bosnia and Herzegovina. A procedure for the entry of a pledge shall be initiated by a written request of the trademark holder or the applicant or the lien creditor. The Institute shall issue a decree on the entry of the pledge contract in the register.

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

The request for registration of pledge shall be 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.