Montenegro

Trademark Registration in Montenegro

Effective trademark protection allows avoiding problems and potential losses especially in cases of infringement or/and unfair competition by third parties. To ensure respect for the trademark rights, registration of trademarks is paramount; although it is not a straightforward process, assistance of an experienced and highly qualified trademark attorney will ensure successful prosecution of a trademark application.

The legal framework for trademark protection in Montenegro is administered by the Intellectual Property Office of Montenegro (IPOM) and is designed to align with international standards. Securing a trademark in Montenegro provides exclusive rights within the territory and serves as a vital tool for brand enforcement. 

  1. Official Trademark Search

Before submitting a trademark application, it is recommended but not obligatory to conduct an official trademark search. This search identifies existing trademark registrations and pending trademark applications that may conflict with your mark.

The official trademark search with the stamp of the IP Office is available within 10 business days.

  1. The procedure of a trademark registration is formal examination and examination only as to the absolute grounds with further publication for 3-month opposition. After the opposition period expires without challenge, the IP Office issues an invitation to pay registration fees. Following payment, the IP Office issues the decision of grant and the registration certificate. The entire process typically takes approximately 10-14 months.

A trademark is valid for 10 years from the date of application filing.

A registered mark is subject to cancellation by an interested party if it has not been used for 5 consecutive years starting from the registration date. 

  1. Trademark Renewal

The trademark registration must be renewed every 10 years to maintain exclusive rights, allowing for perpetual protection if maintained properly.

Applications for renewal can be filed starting 6 months prior to the expiration date. If the deadline is missed, the law allows for a 6-month grace period to renew the trademark, given 50% of the official fee is paid for late renewal.

Required Documents: signed Power of Attorney. Notarization/legalization is not required.

  1. Recordal of change of name/address of a right holder of a trademark

Required Documents:

– signed Power of Attorney with the new name/address.