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Amendments to Trademark Laws

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Dez 01, 2010 (Newsletter Issue 17/10)
Montenegro
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New Trademark Law/New Opposition Period


The Parliament of Montenegro has passed a new Trademark Law on November 30th, 2010. The law will enter into force on December 16th.

The main novelties which have been introduced in the new Law:
- proof of registration for Serbian national trademarks now required
- no examination on relative grounds during application procedure
- introduction of opposition procedure (opposition period is 3 months from publication of application)

The proof of registration of Serbian National Trademarks is now required for trademarks in Montenegro based on a Serbian national trademark unless an action has already been taken for the respective trademark before the Montenegro IPO (such as renewal, assignment, change of name, etc.).
The deadline for complying with this procedure will be 1 year from publication of the new Law in the Official Gazette of Montenegro. Failure to do so will result in loss of protection of the referenced Serbian national trademark in Montenegro.

As from the enactment of the new Law, the Office will examine only absolute grounds for refusal, while the relative grounds will become subject to opposition proceedings. Any trademark application in Montenegro (excluding trademarks registered in Serbia and Montenegro prior to 28 May 2008) will be published and there will be a period of 3 months as from the publication date, during which time an opposition may be filed. This term is not extendible.

Source: Zivko Mijatovic & Partners, Montenegro