English
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
The territorial limit of registration is the territory of Montenegro.
Yes, a power of attorney is necessary.
- Pre-filing use may demonstrate acquired distinctiveness
- Pre-filing use may help overcome an opposition to a trademark application on the grounds of non-distinctiveness
Attack on the ground of non-use is available.
- names
- words
- certain three-dimensional shapes
- devices
- colours
- slogans
- collective marks
- trade dress/get-up
- well-known marks
- sounds
- service marks
The order of the application process is as follows:
- Examination of the application in respect to:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- Publication of the following information:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- application number
- application date
- goods/services
- priority claim information
- representation of trademark
- Registration
- marks contrary to moral standards or public order
- generic terms
- names, flags or symbols of states, nations, regions, or of international organizations
- non-distinctive marks or marks without acquired distinctiveness
- marks that function principally as geographic location names
- marks that designate the type, time, weight, purpose, or method of production, price, quality, quantity or other characteristics of the goods and/or services
The Nice Classification System is effective in Montenegro.
Montenegro is not a party to the European Union. Hence, the European Union Trade Mark (formerly Community Trade Mark) registration is not effective in this jurisdiction.
Priority application is possible to claim:
- if the applicant's home country is a member of the Paris Convention
- if the home application was filed within six months prior to the application in Montenegro
- if the applicant's home country is a member of the World Trade Organization
- if an International Registration can be designated in Montenegro
A trademark must be used within five years from the registration date.
The amount of use must be on a commercial scale and must occur in Montenegro.
The initial term of a registration is 10 years calculated from the application date.
The first renewal date of a registration is 10 years from the application filing date.
It is illegal to use an unregistered mark for pharmaceutical products.
Registration is necessary to obtain rights to a trademark. The "first to file" rule is effective in Montenegro.
The national office is accessible online at the following URL: http://www.ziscg.me/.
Applicants are not mandated to actually use the mark or to have intention to use the mark in order for the application to be accepted.
The following can be grounds for opposition:
- breach of copyright
- trade names
- proprietary rights
- notorious or well-known mark
- rights in a personal name
- registration in the name of the agent or representative of the proprietor of the mark
- registered design rights
The following parties may oppose an application:
- the owner of an earlier right
- a licensee
The following can be grounds for cancellation:
- proprietary rights
- the mark is not distinctive
- notorious or well-known mark
- the mark is functional
- the mark is descriptive
- registration in the name of the agent or other representative of the proprietor of the mark
- breach of copyright
- the mark is misleading, deceptive or disparaging
- protected armorial bearings, flags and other State emblems
- registered design rights
- trade names
- the mark is generic
- rights in a personal name
- the mark is against public policy or principles of morality
- the mark consists of a geographical indication
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to license other third parties to use the trademark
- the right to object to later conflicting applications
- the right to request for a cancellation action against a later conflicting registration
- the right to sue for infringement against confusingly similar third-party trademark use
- the right to request for imported counterfeit goods to be seized by customs authorities
- the right to obtain damages for infringement
For national trademarks, the opposition period begins on the first day after the publication date of the Gazette of the Montenegro IPO.
For International Registrations, the opposition period begins on the first day of the month that follows the month indicated on the WIPO Gazette edition in which the subject application is published.
The opposition period ends 90 days following the start of the opposition period.
This jurisdiction is a member of both the Madrid Protocol and the Madrid Agreement and may be designated in international applications.
Periodic statements of use are not required.
Subsequent renewals last for 10 years from the renewal date of the registration.
The first renewal date of a registration is 10 years from the application filing date.
A power of attorney is necessary.
The grace period after the renewal date has expired is six months.