.
GENERAL PROVISIONS
Article
1
This Act governs the acquisition and protection of rights in signs used in
trade to distinguish goods and services.
A trademark protects a sign which serves in trade to distinguish goods and
services of one natural or legal person from identical or similar goods
and services of another natural or legal person.
Article 2
A trademark may be individual or collective.
A collective mark may be used by more than one of the persons referred to
in the second paragraph of Article 1 of this Act for marking their goods
and services in trade.
The user of a collective mark shall be entitled to use such mark only in
the manner laid down in the Regulations for using the collective mark.
Article 3
Seals, stamps and hallmarks (official signs for marking precious metals,
measures and the like) shall not be deemed marks within the meaning of
this Act.
II.
SUBJECT AND CONDITIONS OF PROTECTION
Article 4
A trademark protects a sign which serves to distinguish goods and services
in trade and which may be represented graphically. It may comprise, for
example, words, slogans, letters, numbers, images, drawings, combinations
of colors, three-dimensional shapes, combinations of such signs, as also
musical phrases which can be represented graphically.
Article
5
A
trademark may not protect a sign which:
(1) is contrary to morality or the law;
(2) has a general appearance which does not enable goods and services to
be distinguished in trade;
(3) exclusively represents a shape determined by the nature of the product
or a shape indispensable to obtain a given technical result;
(4) exclusively designates the type, purpose, time or method of
production, quality, price, quantity, weight or geographical origin of the
goods or services;
(5) is customary for designating a given type of goods or service;
(6) by its appearance or content, is liable to create confusion in
economic activities with regard to the origin, type, quality or other
characteristics of the goods or services;
(7) contains official signs or hallmarks of quality control or warranty or
imitations thereof;
(8) is identical with a protected sign belonging to another person for
identical or similar goods or services;
(9) is similar to a sign already protected on behalf of another person for
identical or similar goods or services, if such similarity may lead to
confusion in trade and mislead the public;
(10) independently of the goods or services to which it is applied, is
famous in the Federal Republic of Yugoslavia (hereinafter referred to as
"Yugoslavia") as a sign of great repute used by another person
to distinguish his goods or services (well known mark);
(11) by its appearance or content, infringes copyright or industrial
property rights;
(12) comprises armorial bearings, flags or other emblems of States or
other public entities, the name or abbreviation of the name of a country
or of an international organization, or imitations thereof, unless the
body responsible in the country or organization concerned has given its
authorization;
(13) represents or imitates a national or religious symbol.
A sign which is the subject of an application for trademark registration,
on condition that the application concerned is followed by a registration,
and a sign that is well known in Yugoslavia within the meaning of Article
6bis of the Paris Convention for the Protection of Industrial Property
shall also constitute signs protected within the meaning of items (8) and
(9) of the first paragraph of this Article.
The likeness or name of a person may not be protected as a trademark
without the consent of that person.
The likeness or name of a deceased person may not be protected as a
trademark without the consent of the parents, spouse and children of the
deceased person.
The likeness of an historical person or other deceased famous person may
not be protected as a trademark without the authorization of the
responsible body and the consent of the relatives up to the third degree
of kinship.
Article
6
Foreign
natural and legal persons in Yugoslavia shall enjoy the same rights in
respect of the protection of trademarks as natural and legal persons of
Yugoslavia if such derives from international agreements or from the
principle of reciprocity.
The proof of reciprocity shall be furnished by the person claiming
reciprocity.
III.
PROCEDURE FOR PROTECTION
Common Provisions
Article 7
Legal protection for signs used in commerce to distinguish goods and
services shall be acquired by means of an administrative procedure
prosecuted by the federal body or organization responsible for
intellectual property (hereinafter referred to as "the competent
federal body").
Decisions taken in accordance with the preceding paragraph shall be final
and may only be appealed from in administrative suit.
Article 8
The competent federal body shall keep the Register of Applications for
Trademark Registration (hereinafter referred to as "the Register of
Applications") and the Trademark Register.
The Registers referred to in the first paragraph of this Article shall be
open to the public and interested persons may consult them free of charge.
The files of registered trademarks may be consulted by interested persons
on oral request, but only in the presence of an official.
On the written request of interested persons and on payment of the
prescribed fee, the competent federal body may make copies of the
documents and the corresponding attestations and certificates with respect
to facts entered in the official registers.
Article
9
The
competent federal body shall be required to give access to interested
natural and legal persons to the documentation and information on
trademarks.
Article
10
The
proprietor of a trademark or the person submitting a trademark
registration application may request international registration of the
mark in accordance with the applicable international agreements.
The application for international registration referred to in the first
paragraph shall be submitted through the competent federal body.
Article
11
Foreign
natural and legal persons may only assert rights afforded them by this Act
in proceedings before Yugoslavian courts or administrative bodies through
professional representatives who shall be Yugoslavian natural or legal
persons.
Article
12
Natural
and legal persons who satisfy the conditions set out in the Federal Patent
Law shall be entered in the Register of Representatives kept by the
competent federal body.
Initiating
the Procedure for Registration of a Trademark
Article
13
The
procedure for registration of a trademark shall be initiated by the filing
of an application for registration (hereinafter referred to as "the
application").
The essential elements of the application shall be:
(1) the request for trademark registration;
(2) the sign for which protection is sought;
(3) the list of goods or services to which the sign applies.
Content
of the Essential Elements of the Application
Article
14
The
request for registration shall comprise:
(1) the particulars of the applicant;
(2) a statement to the effect that the mark is an individual mark or a
collective mark;
(3) the signature and stamp of the applicant.
An application may comprise a request for registration of only one mark
relating to one or more types of goods or services.
If the sign referred to in item (2) of the second paragraph of Article 13
of this Act comprises a figurative element, the representation of such
element shall be clear, shall be reproduced on good quality paper and
shall be suitable for reproduction.
If protection is requested for a sign in color, the application shall
state the color or combination of
colors.
The goods or services referred to in item (3) of the second paragraph of
Article 13 of this Act shall be marked and classified in accordance with
the classes of the Nice Agreement Concerning the International
Classification of Goods and Services for the Purposes of the Registration
of Marks.
Article
15
The
procedure before the competent federal body shall be subject to fees in
accordance with the Federal Law regulating federal administrative fees and
the recovery of costs and expenditure occasioned by the provision of
information services.
Application
for Registration of a Collective Mark
Article
16
An
application for registration of a collective mark shall contain, in
addition to the elements referred to in Article 14 of this Act, the
regulations for using the collective mark.
The regulations for using the collective mark shall comprise: the
particulars of the applicant or his representative; the provisions
relating to the appearance of the sign and to the goods or services to
which it relates; the provisions identifying the holders of the right to
use the collective mark and setting out the conditions for such use; the
provisions on the rights and obligations of users of the collective mark
in the event of infringement of the mark and the provisions setting out
the sanctions applicable in the event of failure to comply with the
regulations.
Registration
of Applications
Article
17
The
information on the essential elements of the application referred to in
Articles 13, 14 and 16 of this Act, and the other prescribed notices,
shall be entered in the Register of Applications.
Filing
Date of the Application
Article
18
An
application shall only be entered in the Register of Applications if it
contains the essential elements of the application referred to in Articles
13 and 14 of this Act.
A filing number shall be allotted to the application if it comprises the
elements referred to in the first paragraph; the day and time of its
filing with the competent federal body shall be entered on the application
and a certificate shall be issued to the applicant.
If the application does not contain the elements referred to in the first
paragraph, the competent federal body shall invite the applicant to remedy
the defects on account of which it has not been possible to enter the
application in the Register of Applications within a period of 30 days as
from the day of receipt of the notification. If the applicant regularizes
his application within that period, the application shall be given as
filing date the date of receipt by the competent federal body of the
document remedying the defects, giving rise to a separate decision, and
the application shall be entered in the Register of Applications.
Priority
Right
Article
19
The
applicant shall enjoy, as from the filing date of the application, a
priority right over all other persons who subsequently file an application
for the same sign or for a similar sign concerning the same product or
service or a similar product or service.
Article
20
A
national of a Paris Union country who has filed a regular application in a
member country shall be afforded a priority right in Yugoslavia as from
the filing date of such application if he files an application in
Yugoslavia for the same sign within a period of six months as from the
filing date in the country concerned, by stating in his application for
registration the filing date of the previous application, its number and
the country in which it has been filed.
A national of a Paris Union country as referred to in the first paragraph
shall be required, within a period of three months as from the filing of
the application in Yugoslavia, to file with the competent federal body a
copy of the previous application certified by the competent body of the
Union member country in which the application was filed (priority
certificate) and a certified translation of such application.
Article
21
An
applicant who has used a sign to mark a product or service in an
exhibition or international fair in Yugoslavia or in any other member
country of the Paris Union within the three months preceding filing of the
application may request in his application the recognition of a priority
right as from the day of first use of the sign.
The applicant referred to in the first paragraph shall submit with the
application an attestation by the competent body of the Paris Union member
country stating that the exhibition or fair is of an international
character and also the nature of the exhibition or fair, the place at
which it was held, the date of its opening and of its closing and the date
of the first use of the sign for which protection is sought.
The certificate stating that the exhibition or fair was held in Yugoslavia
and was of an officially recognized international character shall be
issued by the Chamber of Commerce of Yugoslavia.
Article
22
Recognition
of the priority right referred to in Article 21 shall not extend the time
limits laid down in Article 20 of this Act.
Article
23
The
application may not be subsequently amended with respect to the appearance
of the sign nor additions made to the list of goods or services.
The transcription of a sign consisting of words into a particular typeface
shall not be deemed an amendment of the sign.
Article
24
Applications
shall be examined in the order determined by their filing date.
Notwithstanding the provisions of the first paragraph, an application may
be examined under the urgent procedure:
(1) in the event of legal or other proceedings, subject to the furnishing
of proof of such proceedings;
(2) in the event of the filing of an application for international
registration of the mark;
(3) in those cases where, under other regulations, it is essential that
the registration be carried out rapidly, subject to filing of a special
request.
In the cases referred to in the second paragraph, the request for urgent
examination of an application shall be accompanied by payment of the
prescribed fee.
Formal
Examination of the Application
Article
25
An
application shall be deemed regular if it comprises the essential elements
referred to in Articles 13, 14 and 16 of this Act, proof of payment of the
filing fee and any other prescribed documents.
If the competent federal body deems that the application is not regular,
it shall invite the applicant in writing and with a statement of the
reasons (examination report) to regularize the application within the time
limit it shall prescribe.
If the applicant submits a well-founded request, the competent federal
body may extend the time limit referred to in the second paragraph for
such further period as it considers appropriate.
If the applicant does not regularize his application or does not pay the
regularization fee within the prescribed time limit, the competent federal
body shall take a decision to reject the application.
In the case referred to in the fourth paragraph, the applicant may request
restoration of his rights within a period of six months as from the date
of receipt of the refusal decision.
Substantive
Examination of the Application
Article
26
If
the application is regular in its form within the meaning of Article 25 of
this Act, the competent federal body shall ascertain whether the
conditions for registration of the trademark have been satisfied.
Article
27
If
the competent federal body deems that the application does not satisfy the
conditions for registration of a trademark, it shall inform the applicant
in writing (examination report) of the reasons for which the trademark may
not be registered and shall invite him to submit his comments within a
period that it shall prescribe.
If the applicant submits a well-founded request, the competent federal
body may extend the time limit referred to in the first paragraph for such
further period as it considers appropriate.
The competent federal body shall reject the application for trademark
registration if the applicant does not submit his comments or if he does
so, but the competent federal body continues to hold that the mark may not
be registered.
The competent federal body shall accept an application for trademark
registration in part if the applicant does not submit his comments or if
he does so but the competent federal body holds that the mark may not be
registered for a given product or service.
If the applicant does not submit his comments and the competent federal
body takes the decision referred to in the third and fourth paragraphs,
the applicant may request restoration of his rights within a period of six
months as from receipt of the decision to refuse the application for
registration.
Decision
on Registration of the Trademark
Article
28
If
the application meets the required conditions for registration of a
trademark, the competent federal body shall invite the applicant to pay a
fee for the first ten years of protection and the costs of publishing the
trademark and to submit evidence of payment.
The competent federal body shall reject the application if the applicant
does not furnish within the prescribed time limit the evidence of payment
referred to in the first paragraph.
In the case referred to in the second paragraph, the applicant may request
restoration of his rights within a period of six months as from the date
of receipt of the decision to refuse the application.
Entry in the Trademark Register
Article
29
When
the applicant files the evidence of payment referred to in the first
paragraph of Article 28 of this Act, the competent federal body shall take
the decision to enter the trademark, with the required notices, in the
Trademark Register.
Issue of the Trademark Certificate and Publication
Article
30
The
proprietor of the trademark shall receive a trademark registration
certificate and the particulars of the registered trademark shall be
published in the Official Bulletin.
IV.
CONTENT, ACQUISITION AND SCOPE OF RIGHTS
Article 31
The proprietor of a trademark shall have the exclusive right to use the
sign protected by the trademark on goods or services for which it is
registered and to prohibit others from using without authorization an
identical or similar sign in relation to identical or similar goods or
services.
The right referred to in the first paragraph shall extend to use of the
sign protected by a trademark on packaging, catalogues, prospectuses,
posters and other forms of offer, on directives, invoices, correspondence
and other forms of trade papers, as well as on imported goods or services.
The rights referred to in the first and second paragraphs of this Article
shall also belong to the applicant as from the filing date.
Article
32
If
the sign protected by a trademark consists of words or of letters or a
combination of words and letters, protection shall apply to those words
and letters and combinations thereof, their transcription or
transliteration, whatever the characters used, the color or the mode of
expression, even with the addition of words such as "type,"
"fashion," "by the process."
Article
33
The
existence of a mark comprising an inscription, words or combinations of
letters shall not exclude the right of others to market under the same
inscription or the same words or combinations of letters their own goods
or services if such inscription on such words or combinations of letters
represent a name, a trade name or an appellation that has been acquired in
good faith.
Article
34
The
proprietor of a trademark may not prohibit others from using an identical
or similar sign to distinguish goods or services of a different type,
except in the case of a famous mark.
Article
35
The
right to a trademark shall be obtained by entry in the Trademark Register
and shall take effect as from the filing date of the application.
Article
36
A
trademark shall be valid for a term of ten years as from the filing date
of the application, which may be extended, on payment of the prescribed
fee, an unlimited number of times.
Article
37
The
proprietor of a trademark shall be required to use the trademark.
V.
TRANSFER OF RIGHTS
Article
38
A
trademark or the rights deriving from an application may be the subject
matter of an assignment, licensing, pledge or franchising contract, etc.
Any contract as referred to in the first paragraph shall be set out in
writing and entered in the appropriate register at the request of one of
the contracting parties.
Any contract as referred to in the first paragraph shall not have legal
effect with regard to others unless entered in the appropriate register.
Assignment
of Rights
Article
39
The
proprietor of a trademark or the applicant may assign the trademark or the
rights deriving from the application by contract either for all or for
some only of the goods or services.
An assignment contract as referred to in the first paragraph shall be set
out in writing and shall contain the identification of the contracting
parties, the number of the trademark or of the application and the amount
of remuneration, where appropriate.
A collective mark and the right to use such mark shall not be assignable.
Licenses
Article
40
The
proprietor of a trademark or the applicant may assign the right to use the
trademark or the rights deriving from an application by way of license.
The licensing contract referred to in the first paragraph shall be set out
in writing and shall contain a statement on the duration of the license,
of its scope and of the amount of the royalties, where appropriate.
A collective mark may not be the subject matter of a licensing contract.
VI.
TERMINATION OF RIGHTS
Article
41
The
right in a trademark shall terminate on expiry of the ten-year period for
which the fee has been paid, unless its validity has been extended.
The right in a trademark may also terminate prior to expiry of the period
referred to in the first paragraph:
(1) if the proprietor relinquishes his trademark-
the day after the day on which the competent federal body receives the
statement of relinquishment;
(2) as a result of a court decision or a decision by the competent federal
body in those cases set out in this Act -on the day set in the decision
concerned;
(3) if the legal person who is the proprietor of the trademark has been
wound-up or if the natural person who is the proprietor of the trademark
has died-on the day of winding up or of death, except where the trademark
has been transferred to the successors in title of the legal person or the
heirs of the natural person.
Article
42
If
a right has been entered in the Trademark Register on behalf of a third
party (license, pledge or other right), the proprietor of the trademark
may not relinquish his right without the written agreement of the person
in respect of whom it has been entered.
If the proprietor of the trademark does not pay the prescribed fee within
the prescribed time limits and if a license, pledge or other right has
been entered in the Trademark Register on behalf of a third party, the
competent federal body shall inform such third party that the fee has not
been paid and that it may be paid within a period of six months as from
the day on which he has been informed thereof and the validity of the
trademark thus maintained.
Article
43
In
the event of cancellation of a trademark for failure to pay the prescribed
fee, the proprietor of the trademark shall have the exclusive right to
request, within a period of one year as from the cancellation and subject
to the filing of a new application, that the trademark be registered again
in his name for the same goods or services.
VII.
CANCELLATION OF THE REGISTRATION OF A TRADEMARK OR OF AN INTERNATIONAL
REGISTRATION
Article
44
The
registration of a trademark or its international registration may be
cancelled, with effect for Yugoslavia, in whole or for some goods or
services only if it is established that, at the time of the decision to
register, the conditions required for registration by this Act were not
satisfied.
Article
45
The
registration of a trademark or its international registration may be
cancelled, with effect for Yugoslavia, at any time during the term of
protection, either ex officio or at the request of an interested party or
of the Public Prosecutor.
Notwithstanding the provisions of the first paragraph, the request for
cancellation of the registration of a trademark or its international
registration, with effect for Yugoslavia, under items (8) and (9) of the
first paragraph of Article 5 of this Act, may be filed by the proprietor
of a previously registered trademark or by his representative, but only
if, within the five years preceding the filing of the request for
cancellation, he has opposed the use of the subsequently registered
trademark and only if the proprietor of that mark had acted in good faith.
The appropriate evidence shall accompany the request for cancellation of
the registration of a trademark or of its international registration, with
effect for Yugoslavia.
Article
46
If
the person who requests cancellation of the registration of a trademark or
its international registration, with effect for Yugoslavia, withdraws his
request during the procedure, the competent federal body may continue the
proceedings ex officio.
VIII.
LAPSE OF TRADEMARK FOR FAILURE TO USE
Article
47
At
the request of the interested party, the competent federal body may
declare the lapse of a trademark if the proprietor or the persons
authorized by him fail, without valid reason, to use on the national
market the trademark that distinguishes his goods or services during an
uninterrupted period of five years as from the day on which the trademark
was entered in the Trademark Register or the day of its last utilization.
During the proceedings for lapse for failure to use, the proprietor of the
mark or the persons authorized by him shall be required to prove that they
have used the trademark.
"Use of the trademark" within the meaning of the first paragraph
shall also extend to advertising for the goods or services to which the
trademark relates in the Official Bulletin of the competent federal body
or in other means of information in Yugoslavia.
The right to use a collective mark may also lapse if that mark is used
contrary to the regulations for use.
Article
48
In
the case referred to in Article 47 of this Act, lapse of the trademark for
failure to use shall take effect on the day following that on which such
decision has become final.
IX.
CIVIL LAW PROTECTION
Protection in the Event of Trademark Infringement
Article
49
Any
person who infringes a trademark or the rights deriving from an
application for registration shall be liable for damages under the general
rules on compensation for damages. If the damages have been caused
intentionally, compensation may be claimed for an amount up to three times
that of the actual damages and of the loss of earnings.
Liability for the infringement of rights referred to in the first
paragraph shall not exclude liability for acts of unfair competition.
The injured party may claim, in addition to damages, an order forbidding
the infringer from continuing the infringing acts and the publication of
the decision establishing the infringement at the expense of the
defendant.
Article
50
Any
unauthorized commercial use of a protected sign within the meaning of
Article 31 of this Act and the fact of disposing of it without
authorization shall constitute an infringement of the trademark or of the
rights deriving from an application.
The imitation of a protected sign shall also constitute an infringement
within the meaning of the first paragraph.
In order to establish infringement of a trademark, the court shall
ascertain in particular whether there is identity or considerable
similarity within the meaning of Article 32 of this Act.
Article
51
Proceedings
for trademark infringement may be instituted by the proprietor of the
trademark, by the applicant or by the holder of an exclusive license.
Proceedings for infringement of rights deriving from an application may be
suspended by the court pending a decision by the competent federal body on
the registration of the trademark.
Article
52
Proceedings
for infringement of a trademark or of rights deriving from an application
may be instituted within a period of three years as from the day on which
the plaintiff obtained knowledge of the infringement and of the identity
of the infringer, but at the latest within a period of five years as from
the day on which the infringement was committed.
Article
53
The
plaintiff in proceedings for infringement of a trademark or of rights
deriving from an application may request the court to order a provisional
injunction on the infringing activities and the provisional seizure or
withdrawal from the market of the goods concerned.
Exceptionally, such provisional measures may be requested before the
proceedings have opened on condition that proceedings be instituted within
15 days of the day on which the request for provisional measures was
submitted.
In the event of identity or considerable similarity within the meaning of
Article 32 of this Act, the court shall be required to take the
provisional measures referred to in the first and second paragraphs of
this Article.
An appeal against a decision to order provisional measures shall not have
suspensive effect.
Proceedings for infringement of a trademark or of rights deriving from an
application shall be heard under the urgent procedure.
Opposition
to a Trademark
Article
54
Any
natural or legal person who uses in trade, in order to distinguish goods
or services, a sign for which another person has sought protection or has
registered in his name to distinguish identical or similar goods or
services may submit a request to the court to be declared the applicant or
proprietor on condition that he proves that the sign was generally known
for distinguishing his goods or services before the other person filed his
application.
If the other person proves that he has used the same sign or a similar
sign in trade to distinguish identical or similar goods or services for as
long or longer than the petitioner, the court shall reject the petition
referred to in the first paragraph of this Article.
The petition referred to in the first paragraph of this Article may not be
filed later than five years after the day on which the trademark was
entered in the Register.
Article
55
If
the court upholds the petition referred to in Article 54 of this Act, the
competent federal body, after receiving the decision or at the request of
the petitioner, shall enter him in the appropriate Register as the
applicant or as the proprietor of the trademark.
Article
56
Any
rights that a third party may have obtained from the prior applicant or
proprietor of the trademark under Article 54 of this Act shall not be
invoked against the new applicant or proprietor unless they were entered
in the appropriate Register or submitted regularly for entry prior to
institution of the proceedings referred to in Article 54 of this Act.
X.
PENAL PROVISIONS
Article
57
Any
enterprise or other legal person who infringes a trademark or rights
deriving from an application (Article 50) in any manner whatsoever laid
down by this Act shall be liable to a fine of between 5,000 and 50,000 new
dinars for an economic offense.
A person having responsibility in the enterprise or other legal person
shall also be liable to a fine of between 500 and 5,000 new dinars with
respect to the acts referred to in the first paragraph of this Article.
Article
58
Any
enterprise or other legal person who represents without authorization
foreign natural and legal persons (Article 11) shall be liable to a fine
of between 1,000 and 15,000 new dinars.
A person having responsibility in the enterprise or other legal person
shall also be liable to a fine of between 500 and 1,500 new dinars with
respect to the acts referred to in the first paragraph of this Article.
Any natural person who represents without authorization foreign natural
and legal persons shall be liable to a fine of between 500 and 1,500 new
dinars.
XI.
TRANSITIONAL AND FINAL PROVISIONS
Article
59
The
proprietors of trademarks entered in the Trademark Register up to and
including number 30,000 shall be required to file a request for renewal of
the file before expiry of the term of validity, failing which the
trademark shall cease to have any effect.
The request referred to in the first paragraph shall be accompanied by the
registration number of the trademark, particulars of the proprietor, the
appearance of the sign, the list of goods or services to which it applies,
classified in accordance with the classes of the Nice Agreement Concerning
the International Classification of Goods and Services, and the other
prescribed data.
Renewal shall not affect the priority right or any other acquired rights.
Article 60
Registered
trademarks that are currently valid on the day on which this Act enters
into force shall remain in force and the provisions of this Act shall
apply to them.
The provisions of this Act shall also apply to applications for trademark
registration filed prior to the day on which this Act enters into force
and for which the administrative procedure is pending.
Article
61
Implementing
Regulations under this Act shall be issued within 60 days of the date of
entry into force of this Act.
Article
62
On
the day this Act enters into force, the provisions of the Protection of
Inventions, Technical Improvements and Distinctive Signs Act (Official
Gazette of the Socialist Federal Republic of Yugoslavia Nos. 34/81, 3/90
and 20/90) referring to trademarks shall be repealed.
Article
63
This
Act shall enter into force on the eighth day after the date of publication
in the Official Gazette of the Federal Republic of Yugoslavia.
(This text along with those published under code numbers 3-001, 4-001 and
5-001 replaces the text previously published under code number 1-001.)