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Montenegro (ME)

News Archive (17) Trademark Law
The Montenegrin Trademark Law entered into force on December 16, 2010. However, from its enactment, the Trademark Law has undergone significant changes through the Laws on Amendments of the Trademark Law which entered into force on August 9, 2012, April 19, 2014, June 30, 2016, January 10, 2017 as well as through latest Law on Amendments of the Trademark Law which entered into force on January 18, 2023.

The aim of the recent amendments is to harmonise national legislation with the legislation of the European Union, namely Directive (EU) 2015/2436 of the European Parliament and the Council on harmonization of the legislation of member states on trademarks.

The most significant novelties introduced by the Law on Amendments are as follows:
- deletion of the condition that only a mark which can be represented graphically can be protected by a trademark;
- expansion of the list of absolute reasons for refusal and other relative grounds of refusal, i.e., invalidation of a trademark, in the part that refers to the protection of traditional expressions for wines, guaranteed traditional specialties and plant varieties;
- expansion of the scope of rights held by a trademark holder in relation to use of its right, in relation to goods in transit and preparatory actions related to the use of packaging or other means;
- changes in the procedures related to objections filed by third parties and oppositions to trademark registration before the competent authority;
- compliance with the provisions of the Singapore Treaty on the Law of Trademarks (with regard to continuation of proceedings, restitution in integrum, correction of errors and licenses);
- specification of the procedure for registration of collective marks, especially in relation to refusals thereof;
- more detailed calculation of terms for proving the use of international trademarks in opposition, invalidation or cancellation proceedings;
- changes in the proceedings for invalidation/cancellation of a trademark, as well as a change of the competent authority before which said procedures will be conducted, from the court to the competent administrative body;
- more detailed arrangement of the inspection supervision procedure and the procedure of destruction of temporarily seized goods;
- the provisions of the Law regulating administrative procedure now contain specifics that reflect the obligation to harmonize this area with EU law and international standards and regulate certain issues differently compared to the provisions of the Law on administrative procedure.

Montenegro is a member of the Madrid Agreement and the Madrid Protocol.
Classification What is Registrable as a Trademark Registration Proceedings Opposition Period Trademark Duration Grace Period for Trademark Renewal Use Requirements Trademark Application Fees Trademark Licensing Download Country Information shopping cart
SMD Group thanks the following law firms for their assictance in updating the information provided.

May 29, 2024
Zivko Mijatovic & Partners, Alicante, Spain



Ministry of Economic Development of Montenegro, Directorate of Internal Market and Competition, Intellectual Property Directorate (IPOM)
Bulevar Mihaila Lalića 1
81000 Podgorica - Crna Gora
Montenegro
Tel +382 20 234 591
Fax +382 20 234 592
www.gov.me/mek/is

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int