Trademark and Design Re-registration in Montenegro
The new Trademark Law entered into force in Montenegro on
December 16, 2010, while the new Design Law entered into force
on January 8, 2011. These laws introduce an obligatory
re-registration of trademarks/ designs registered before the
IP Office of Yugoslavia/ Serbia & Montenegro/ Serbia prior to
May 28, 2008, unless a renewal or request for recordal of changes
or Certificate of Registration had already been filed in
Montenegro before December 16, 2010/ January 8, 2011
(date of entry into force of the relevant law). However,
these rules does not relate to International Registrations
registered before the WIPO.
The non-extendable deadline to file for re-registration is
December 16, 2011 for trademarks and January 8, 2012 for designs.
In addition, the new laws aim to simplify the registration process
and achieve full compliance with the relevant EU regulations by
abolishing the previous practice of substantive examination on
relative grounds for trademarks and novelty and individual character
examination for designs. Under the new laws, a trademark application
will be examined on absolute grounds only, while only formal requirements
will be examined in case of a design application.
The new trademark law also introduces opposition proceedings.
This means that, after formal examination trademark applications
will be published in the Official Gazette of the Montenegrin IPO.
Third parties will have three months from the date of publication
to file a written opposition.
Another novelty will be the possibility to appeal IPO decisions before
the competent ministry. Furthermore, the cancellation of a registered
trademark will be argued before the competent court as opposed to a
proceeding before the IPO as prescribed by the former legislation.