Trademark Search in Montenegro

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Frequently Asked Questions
Is there a time frame for filing for a trademark registration?

The approximate time needed to complete the trademark application procedure is 18 months. For applications with opponents, longer period of time is expected.

If I register my trademark in Montenegro, do I have protection in other territories?

The territorial limit of registration is the territory of Montenegro.

Do I need to sign a Power of Attorney?

Yes, a power of attorney is necessary.

Are there any benefits from a pre-filing use of the trademark?
  • 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
Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

What are the types of trademark that can be registered in Montenegro?
  • names
  • words
  • certain three-dimensional shapes
  • devices
  • colours
  • slogans
  • collective marks
  • trade dress/get-up
  • well-known marks
  • sounds
  • service marks
What are the phases of application after a trademark has been filed in Montenegro?

The order of the application process is as follows:

  1. Examination of the application in respect to:
    • formalities
    • classification
    • clarity
    • descriptiveness
    • distinctiveness
    • deceptiveness
  2. 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
  3. Registration
What type of trademark is not registrable?
  • 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
Does Montenegro use the "Nice Classification" system?

The Nice Classification System is effective in Montenegro.

Does the Community Trademark apply for 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.

Is there any possibility to claim priority in Montenegro?

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
What do I need to do to satisfy the use requirement?

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.

Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years calculated from the application date.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is it legal to use my trademark even if it is not yet registered?

It is illegal to use an unregistered mark for pharmaceutical products.

Does having a registered trademark in Montenegro give me any right?

Registration is necessary to obtain rights to a trademark. The "first to file" rule is effective in Montenegro.

What is the web address of the trademark national office?

The national office is accessible online at the following URL:

Is there any need to use my trademark before I apply for registration?

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.

Can a Trademark Application be opposed?

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
Who can contest my trademark application?

The following parties may oppose an application:

  • the owner of an earlier right
  • a licensee
Is it possible to cancel a registration?

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
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

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.

Is Montenegro a member of the Madrid System?

This jurisdiction is a member of both the Madrid Protocol and the Madrid Agreement and may be designated in international applications.

Do I need to present periodic statement of use?

Periodic statements of use are not required.

When should I renew my trademark?

Subsequent renewals last for 10 years from the renewal date of the registration.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is there any documentation that should be presented when renewing a trademark?

A power of attorney is necessary.

If my trademark expires, do I have a grace period?

The grace period after the renewal date has expired is six months.

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