The new Law on Trademarks in Montenegro (hereinafter: the “Law”) has been adopted by the Parliament of Montenegro, and it entered into force on the 16 December 2010.
A change of significant importance for all holders of trademark rights in Montenegro should be highlighted. It concerns trademarks that were registered before 28 May 2008, (this being the day when the Intellectual Property Office of Montenegro (hereinafter: the “Montenegrin Office”) commenced operations, upon the dissolution of the State Union of Serbia and Montenegro). The Law stipulates that the trademarks registered in the Intellectual Property Office of Serbia and Montenegro (hereinafter: the “SM Office”) or in the Intellectual Property Office of Serbia (hereinafter: the “Serbian Office”) before 28 May 2008 are valid in Montenegro, provided that the trademark holder submits an application for the recognition of the trademarks to the Trademarks Register of the Montenegrin Office.
Please note that for trademarks where the following applications have already been submitted to the Montenegrin Office are exempt from the obligation of filing the request for recognition:
- an application for the renewal;
- a request for the transfer of rights; and
- a request to change the name and address of the holder.
The deadline for the submission of an application for recognition at the Trademark Register of the Montenegrin Office is 16 December 2011.
An interpretation of the provisions of Article 65 of the Law leads to the conclusion that if the applications for registration are not submitted by the specified deadline, the trademarks will become invalid within the territory of Montenegro.
Author: Relja Mirkov
Attorney-at-law
karanovic/nikolic
