A transfer of a trademark or the rights conferred by an application may be made on the basis of a contract on the transfer of rights, as well as on the basis of a change of the status of the holder of a trademark or the applicant or a court or a administrative decision. The Institute for Intellectual Property of Bosnia and Herzegovina („Institute“) enters the transfer of rights in the respective register at the request of the holder of a trademark or the applicant or the new right holder, on which it issue a special decision and which produces legal effects against third parties as of the date of entry.

The contract on the transfer of the said rights shall be made in writing and it may refer to the transfer of rights for all or only some of goods or services.

The entry of the transfer of a trademark or the rights conferred by the application, based on the transfer contract, shall not be allowed if such transfer would obviously create confusion in the course of trade with respect to the nature, quality or geographical origin of the goods or
services in respect of which it is registered or applied for, unless the new right holder agrees to waive the protection for those kind of goods or services in respect of which there is likelihood of confusion.

The entry of the transfer of a trademark or the rights conferred by the application with respect to some of the goods or services, where the goods or services to be transferred are substantially similar to the goods or services covered by the trademark or the application for the grant of a trademark of the transferor, shall not be allowed.

The transfer of a trademark or the rights conferred by an application may be also made on the basis of a licensing contract or a franchising contract. Said contracts shall also be made in writing and entered in the respective register. A collective trademark and a guarantee trademark may not be the subject of the transfer of rights, the subject of the licensing contract or the franchising contract.

The Institute publishes the entry of the transfer of rights, the license or the franchise in its register in the Official Gazette.