As of June 2026, the new Rules on the Procedure for Resolving Disputes Arising from the Registration of National Internet Domain Names (hearinafter: the “Rules”) have entered into force, governing disputes relating to .rs and .srb domain names. The proceedings are conducted before the Commission established within the Chamber of Commerce and Industry of Serbia, with Serbian law being the applicable law.
The most notable amendments include the introduction of a single-expert model as the default rule, replacing the previous three-member panel, the alignment of the terminology with the principles of Alternative Dispute Resolution (ADR), and the extension of standing to initiate proceedings to holders of geographical indication rights, in addition to trademark owners.
Domain names continue to be registered on a “first come, first served” basis. In practice, this means that, as a general rule, no substantive examination is carried out during the registration process to determine whether the requested domain name infringes a third party’s trademark, trade name, geographical indication, or any other protected right.
However, the mere fact that a party was the first to register a domain name does not automatically confer an unrestricted right to use it. In domain name dispute proceedings, particular consideration will be given to:
- Whether the domain name is identical or confusingly similar to a protected trademark or geographical indication,
- Whether the registrant has rights or a legitimate interest in the domain name,
- Whether the domain name has been registered or used contrary to the principles of good faith, fair dealing, and honest commercial practices.
The Rules should not be viewed in isolation. They operate alongside the Trademark Act, the legislation governing geographical indications, as well as the broader framework of intellectual property protection and unfair competition law.
One of the most significant developments is the express recognition of the right of geographical indication holders to initiate domain name dispute proceedings. This is particularly relevant for products whose commercial value derives from their origin, reputation, and connection to a specific geographical area. At a time when marketing, promotion, and sales increasingly take place online, the protection of geographical indications extends beyond product labelling and becomes equally important in the digital environment.
Practical Issues:
For example, where a third party registers a domain name that is identical or similar to another party’s trademark or geographical indication and uses it in connection with similar goods or services, the issue is not merely technical in nature. Such use may mislead consumers and exploit the goodwill and reputation that the rights holder has built over many years.
In practice, this often occurs through redirecting users to the registrant’s own or a competing website, offering competing goods or services, creating the impression of an association with the trademark owner, taking unfair advantage of a well-known brand’s reputation, or attempting to sell the domain name to the rights holder at a later stage.
For this reason, domain name disputes are rarely limited to questions of registration alone. More often, they concern the protection of brand identity, commercial reputation, and consumer trust.
For additional information or consultations, the Tasić & Partners team is at your disposal.