If you want to be granted rights over your intellectual property, trademark registration in Montenegro is mandatory. An unregistered trademark can be protected only in some exceptional cases. The trademarks are graphic representations (letters, signs, numbers and colors) used by companies in Montenegro to identify their goods and products.
There are three types of trademarks to be registered: trademarks, service marks and collective marks. The Trademark Law offers the legal framework for trademark registration in Montenegro and the Intellectual Property Office (IPO) is the institution where the applications are filed. When you open a company in Montenegro, remember to request the registration of your trademark.
|What is a trademark?||
A symbol, word, or words which represent a company
Is it necessary to register trademark in Montenegro?
|It is mandatory, as it is a” first to file” jurisdiction|
Is Montenegro a member state to Madrid protocol? (Yes/No)
|Where are trademark applications filed in Montenegro?||
Intellectual Property Office (IPO)
|Opposition period||90 days|
|On which grounds a trademark can be cancelled in Montenegro?||
– Lack of use;
|Validity period of trademarks in Montenegro?||
|When can you file a trademark renewal request?||
– as early as 6 months before expiration;
– during grace period of 6 months after expiration.
|How many types of trademarks need registration in Montenegro?||3 types (trademarks, service marks, collective marks)|
|Is Montenegro signatory to international conventions for the protection of intellectual property? (Yes/No)||Yes|
|Power of attorney requirements||Only when the application is made through a representative|
Requirements for trademark registration
– it must be distinct from other marks;
– it must not be in dispute with another mark.
|Which law regulates the trademark registration in Montenegro?||The Trademark Law|
|Are trademark registration services available for both local and international individuals?||Yes|
|Online trademark registration available? (Yes/No)||No, electronic filing is not available yet|
Table of Contents
Legislation on intellectual property protection in Montenegro
Montenegro is one of the most appealing non-EU states in Southeast Europe with laws that are projected to correspond to EU ones, as the country is preparing to enter the European Union in the near future. For this purpose, several years ago, the central authorities have also amended to Trademark Law which now provides for a simpler registration procedure.
Those who want to register trademarks and have their rights protected in Montenegro can benefit from both national and international regulations that aim to the best level of protection that can be offered.
Montenegro is also part of several international conventions that provide for enhanced protection of intellectual property. Among these are:
- The Madrid Agreement Concerning the International Registration of Marks;
- The European Patent Convention which provides for the registration and protection of patents;
- The Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks;
- The EU Regulation 2017/10001 on the EU trademark and other Directives providing for IP rights.
According to national and international laws, a Montenegrin trademark can take the form of letters, numbers, a sign, or any combination of these which results in names and drawings.
Sounds, stamps and shapes can also benefit from trademark registration procedures in Montenegro, as long as they are used to designate goods and services that require distinction from other products and services.
Our company formation agents in Montenegro can offer more information on the requirements applicable in the trademark registration procedure. It is also useful to know that trading names of legal entities can also be benefit from protection when registered as trademarks.
Type of trademarks that can be registered in Montenegro
Considering the definitions above, there are several types of trademarks that can be registered with the Trademark Registration Office in Montenegro. These are:
- simple trademarks that take the form of letters, signs, numbers and which represent generic goods;
- service marks that are used to distinguish services provided by companies or natural persons;
- collective trademark that are used to represented one or more goods created by associations or multiple providers of the same service;
- colored trademarks that are used for representing various categories of goods;
- 3-D marks that can are used to distinguish certain goods from others.
An interesting fact about trademark registration is that certification marks have been abolished when the new law was enforced.
When seeking to register certain types of trademarks in Montenegro, one must pay attention to the graphic representation of the sign, as it must meet specific requirements.
If you have any questions on the trademark registration procedure in Montenegro, our local consultants are at your service.
Trademark registration requirements in Montenegro
In order for a trademark to be accepted for registration, it must meet the following requirements:
- – it must be distinguishable from other marks;
- – it must not enter into conflict with another mark.
With respect to the second requirement, it should be noted that the elements that make a trademark must be visibly distinct from other trademarks it resembles in order to not create confusion. Otherwise, trademark oppositions can be filed, and the registration procedure can be delayed.
If you want to register a trading name as a mark in Montenegro, you can verify it before registration which is why it is simple to obtain protection for your brand.
You can rely on our specialists if you want to open a company in Montenegro.
Filling the application for trademark registration in Montenegro
Before having a trademark protected in Montenegro a prior application form is necessary. This application must contain the following information:
- • The request for registration of a trademark;
- • Relevant data about the applicant – name and address;
- • The mark that requires protection;
- • A list of goods and services which will be registered under the solicited trademark – in accordance to Nice classification;
- • Proof of payment of the administrative charge;
- • Power of attorney signed on behalf of the applicant – no legalization/notarization is required.
This application for trademark registration in Montenegro is filled at the Intellectual Property Office (IPO). Foreign applicants need a local agent. Our experts in company formation in Montenegro can assist you in filling up this application.
The procedure of trademark registration presented by our Montenegro company formation experts
After filling the application with the IPO, a number is assigned to it. Absolute grounds of refusal are examined by the Office representatives in accordance with the Trademark Law. The trademark application is then published in the Intellectual Property Gazette of Montenegro. Any opposition against trademark application can be submitted within 90 days from publication. If there is no one to oppose the application, a registration fee for the first ten years of validity must be paid by the applicant. After the payment, the trademark is granted complete protection by an official decision on registration. Once your business is trademarked, it can be the first step towards an international brand.
Intellectual property registration statistics in Montenegro
Both Montenegrin nationals and foreigners can register trademarks and other intellectual properties in this country, and according to the World Intellectual Property Organization (WIPO):
- – in 2019, there were 1,657 trademark applications filed in Montenegro,
- – the same year, there were also 18 patent applications filed,
- – in 2020, there were also 6 international intellectual property applications submitted with WIPO.
Trademark registration in Montenegro takes between 9 and 12 months provided that there are no oppositions. Also, the registration fees depend on the type and class of trademark requested.
Don`t hesitate to contact our experts in company formation in Montenegro for an easy going process of trademark registration.