How to Register a Trademark in Montenegro
How to Register a Trademark in Montenegro
Updated on Tuesday 27th December 2022 Rate this article
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Trademarks are distinctive names, symbols, figures or words used by a manufacturer in order to designate specific products or services and to distinguish them from other similar products or services on the market. They are subject to intellectual property rights and are regulated by the provisions of the Trademark Law which entered into force in 2010. The Intellectual Property Office is the competent authority where trademarks are registered in Montenegro. If you want to register a trademark and need professional assistance you can turn to our lawyers in Montenegro.
Montenegro as Madrid Protocol signatory
The Madrid Protocol includes Montenegro as a signatory. That is why this country can use the Madrid System to extend an international trademark registration.
To register a trademark, it does not need to be in use in Montenegro. Prior use, on the other hand, maybe effective in overcoming an argument based on a lack of uniqueness by demonstrating that the trademark has gained distinction.
If you register a combination trademark (one that incorporates both word and figurative components) in Montenegro, you only have the exclusive right to use it in the precise form or manner in which it was filed and registered.
If you want to utilize your trademark's word element separately from the logo (or vice versa), you need to file for a separate trademark that includes just the word or figurative components you want to use and protect.
However, if a third party later wants to register or use a trademark for similar products or services that contains a principal or distinct element or portion of your trademark, you will be allowed to object based on confusing similarity.
The chances of an opposition succeeding will vary based on the facts in each case. Third parties may bring opposition actions against local trademark applications for three months following their publication in the local intellectual property office's Gazette.
The opposition time for international applications filed through WIPO is three months, beginning on the first month after the publication in the WIPO Gazette. If you need any assistance regarding how to register a trademark in Montenegro, you are welcome to get in touch with skilled lawyers located at our Montenegro law firm. There is a less expensive option to become a citizen and acquire a Montenegrin passport if you have the patience. You must first secure a temporary residence visa valid for a year. Until the foreign national meets the requirements for permanent residency, this temporary residency may be continued. If you have lived in Montenegro for more than five years and have been married to a citizen for more than three years, you are eligible for permanent residency. You can seek citizenship after holding a permanent resident status for five years. The procedure is simple to follow and organized.
Types of trademarks in Montenegro
If you wish to register for a trademark in Montenegro, you should know that a trademark can be made up of letters, signs, numbers, and colors that are used to identify products and services and are a graphical representation of a corporation.
Sounds, stamps, and forms can all be included in a trademark as long as they are utilized to identify and differentiate products and services from one another.
Besides trademark registration in Montenegro, if you wish to relocate to this country, you can rely on the services of our skilled immigration lawyers. Our lawyers in Montenegro can provide you with detailed legal assistance regarding immigration.
Applying for trademark registration in Montenegro
The Trademark Law in Montenegro stipulates the basic requirements for having a trademark registered. The trademark registration application should contain the following:
- The name and address of the applicant. If the application is submitted on behalf of a company, the director is the applicant for trademark registration;
- The representation of the mark which is registered;
- A list of goods and services which are going to be protected by the trademark. They should correspond to the Nice Classification 10th addition (Classes 1-45);
- Country and number, the priority date and the Original Priority Document. This document can be submitted within three months from the application date. Please note that this term cannot be extended and if it is overdue another trademark registration application has to be submitted;
- Power of attorney simply signed on behalf of the applicant. This legal document also can be submitted subsequently within 60 days from the application date. You can conclude a power of attorney with a professional law firm in Montenegro.
For more details get in touch with the lawyers located at our law firm in Montenegro.
Montenegrin trademark protection period
Although trademark protection is only granted for ten years, it might last permanently. You can obtain a 10-year extension once every ten years.
You have six months from the conclusion of the current term to file a request for an extension. There is also a six-month grace period.
Then there will be a fine to pay. Although a trademark does not have to be actively utilized at the time of registration, it can be withdrawn after five years of inactivity.
If you have any confusion about the protection of trademarks in Montenegro, you can get in touch with our lawyers.
Furthermore, if you are a trader in Montenegro and facing difficulties in complying with tax obligations, you can interact with our attorneys.
Along with other taxation, they will also provide you with comprehensive information about value-added tax (VAT) in Montenegro.
Validity of a trademark in Montenegro
A trademark does not have to be in use to register, it must not be unused for more than five years after it is registered, otherwise, it will be open to cancellation procedures based on lack of use.
In Montenegro, registered trademarks are valid for ten years from the date of application and can be renewed indefinitely for another ten years.
A trademark renewal request can be made up to six months before the expiration date. It can also be requested during the six-month grace period following expiry, for a late renewal cost.
If you would like the figurative or design components of your trademark to be taken into account while examining your trademark for registration in Montenegro (Trademark Search Report), please get in touch with our lawyers who can assist you in this matter.
Furthermore, you are also welcome to rely on our lawyers if you want to open a company in this country.
Our services regarding trademark certification in Montenegro
Our skilled attorneys can execute all of the requirements to get the registration certificate in Montenegro after your trademark application is granted.
The certificate is sent to your address together with a registration report that includes the registration number, registration date, and any specific considerations that must be taken into account in Montenegro:
- Experienced trademark attorneys are in charge of the process;
- Report on registration and receipt of the registration certificate;
- Important dates are being tracked and notifications are being sent out.
If you need more information regarding how to register a trademark in Montenegro, you can rely on our knowledgeable lawyers.
In addition to this, they can also provide you with information regarding taxes in Montenegro.
Registration procedure of trademarks in Montenegro
The application for trademark registration is filed and examined by the Intellectual Property Office. Absolute grounds of refusal are taken into account when processing the trademark registration application.
The registration procedure of a trademark in Montenegro takes approximately 12 months to complete. Any Montenegrin company or individual can oppose the registration of a trademark within 90 days from the publication date of the application.
If no opposition is filed and the protection fee is paid, the trademark is registered and valid for 10 years. A renewal trademark procedure is available under certain rules and regulations.
If you need to know how to register a trademark in Montenegro and want guidance and advice throughout the registration procedure, please feel free to contact our attorneys in Montenegro. Besides trademark registration, you can also get in touch with our lawyers for other services. For instance, if you need legal assistance while submitting documentation for Montenegro citizenship, the services of our lawyers are at your disposal. With their support, you will be able to submit the correct documents at right time. This legal help can increase the chances of acceptance of your application.
