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DS Petosevic | Registered Patent & Trademark Attorneys and Attorneys at Law, Serbia & Montenegro
     

Registered Patent & Trademark Attorneys and Attorneys at Law

 
       
 
 
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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.


 

 

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DS Petosevic, Kablarska 26, 11040 Belgrade, Republic of Serbia (former FR Yugoslavia)
Phone: +381 11 306 62 62, Fax: +381 11 369 32 48, +381 11 306 60 38;
E-mail: petosev@eunet.rs Web site: www.petosevic.co.rs

 
 
DS Petosevic | Registered Patent & Trademark Attorneys and Attorneys at Law, 11040 Belgrade, Kablarska 26, Serbia & Montenegro (former FR Yugoslavia)