The current trademark regulations in Montenegro are mainly based on the Trademark Law that came into effect on December 16, 2010. The Montenegrin Intellectual Property Office is responsible for managing trademark affairs and the official language is Montenegrin. Trademark exclusive rights need to be obtained through registration. The trademark registration in Montenegro adopts the principle of "application first". Trademark registration is not mandatory, but for better protection or renewal, it is best to register in accordance with the law.
Montenegro is a party to international intellectual property treaties such as the Nairobi Treaty, the Paris Convention, the Convention Establishing the World Intellectual Property Organization, the TRIPS Agreement, and the Vienna Agreement. It is a member of the Madrid Agreement and the Madrid Protocol, and trademark registration can be processed through "single country registration" or "Madrid international registration".
At present, the Montenegro Intellectual Property Office adopts the Nice Classification 11th edition of goods and services descriptions and can accept applications for multiple categories in one form. The elements that can be registered as trademarks in Montenegro include: text, letters, numbers, graphics, slogans, colors, color combinations, three-dimensional shapes, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid industrial and commercial enterprise in Montenegro must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Montenegro is: application - examination - announcement - approval and issuance of certificates. The application will be accepted within about 2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The opposition period is 90 days from the date of announcement, and anyone can raise objections to the registration of the trademark. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Montenegro takes about 1 and a half years; If things don't go smoothly and there are rejections or objections, the time will be greatly extended.
The Montenegrin trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.