Trademark registration in Montenegro. Montenegro is a country in Southeastern Europe. The economy of Montenegro is mostly service-based and is in late transition to a market economy. Montenegro is a country based mainly on tourism activities. The Montenegrin Adriatic coast is 295 km long, with 72 km of beaches and many well-preserved ancient old towns. Some of the most popular beaches on the Montenegrin coast include Jaz Beach, Mogren Beach, Bečići Beach, Sveti Stefan Beach, and Velika Plaža. Meanwhile, some of the most popular ancient Montenegrin towns include Herceg Novi, Perast, Kotor, Budva, and Ulcinj. The National Geographic Traveler (edited once a decade) even ranks Montenegro among the “50 Places of a Lifetime.” Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Montenegro.
Signs registrable as a trademark in Montenegro
Signs registrable as a trademark in Montenegro include all distinctive and graphically representable signs, such as words, slogans, letters, numbers, images, drawings, colors, combinations of colors, three-dimensional shapes, combinations of such signs, as well as musical phrases represented by musical notes.
The following trademark types are registrable in Montenegro: trademarks, service marks, collective marks.
Necessary documents for trademark registration in Montenegro
Necessary documents for trademark registration in Montenegro include:
- The application for registration of a trademark in Montenegro;
- Detailed information about the applicant (name, address, and nationality, etc.);
- Trademark sample;
- A list of goods and services in accordance to Nice classification;
- Proof of payment of the required fee;
- Power of attorney signed on behalf of the applicant.
The procedure of trademark registration in Montenegro
In order to obtain trademark protection in Montenegro, the applicant needs to file the trademark application to the Montenegrin IP Office.
After submitting the application, it will then go through a formal examination as well as an examination on absolute grounds of refusal.
If the formal requirements are not met including the outlook of the mark, list of goods/services, information about the applicant, etc., the IPO of Montenegro will request the applicant to submit and fill the missing documents. The deadline for submission of the necessary documents is 30 days as from the receipt of the request. It should be noted that this term is not extendable so the applicant should take into account the deadline to best protect their rights.
If the POA or payment receipt is missing, then the local office issued the official action and requests the Applicant to submit the necessary evidence within 60 days.
In case the applicant does not fulfill their obligations and submit the necessary documents within the deadline, the application will be rejected.
After receiving all necessary documents and no errors are detected in the application, the trademark application in Montenegro is published in the Intellectual Property Gazette of Montenegro for opposition purposes.
Opposition period of trademark registration in Montenegro
After the publication of the trademark application, the mark will enter a 3 months opposition period when any third parties may file for oppostion to the registration of the mark.
In the case of international applications filed via WIPO, the opposition period of 3 months will start on the first of the month following the publication in the WIPO gazette.
Validity period of trademark in Montenegro
A successfully registered trademark in Montenegro will have a protection period of 10 years from the filing date.
After 10 years, the trademark owner must file for renewal of the trademark in order to extend the protection period to another 10 years.
The trademark renewal can be requested as early as 6 months before the expiration date or during the grace period of 6 months after the expiration date upon payment of a late renewal fee.
Note:
- Foreign applicants need a local agent.
- Montenegro is a member state to the Madrid Protocol. Accordingly, the applicant can file for trademark protection through the Madrid System to obtain trademark protection in Montenegro.
Use requirement of a trademark in Montenegro
A trademark doesn’t need to be in use in Montenegro for it to be registered in Montenegro.
Nonethless, prior use of a trademark in Montenegro is recommended because it can help overcome an objection raised on the grounds of lack of distinctiveness by proving that the trademark has acquired distinctiveness.
Although a trademark does not have to be in use for it to be registered, it must not go unused for longer than 5 years after registration or it will become vulnerable to cancellation actions based on non-use claim.
You can see a list of Montenegro IP firms here.