Protecting TM Rights in Montenegro

Registering a TM in Montenegro requires conducting verification for compliance with TM requirements. Violating TM rights entails civil & criminal liability. TM owners can file a lawsuit for copyright infringement in Montenegro within a 5-year period since the date an infringement occurred. TM infringement lawsuits can be filed with Montenegrin commercial courts.

Procedure

Resolving TM disputes in Montenegro is an exclusive prerogative of Montenegrin courts; hence, inviting experts & witnesses is permitted. TM cases are considered by courts of the 1st instance; their decisions can be appealed with courts of appeal. Enforcing court decisions normally takes from six to twenty four months.

Initiating legal proceedings for violation of TM rights in Montenegro requires having the Interior Ministry file a criminal charge. Decisions on initiating a criminal case are made by a public prosecutor.

Using someone else's names, seals, TMs or product labels is punishable by fines or prison sentences.

Customs

To stop counterfeit goods from being imported & exported, Montenegro customs authorities may temporarily hold such goods in detention. If there’s a suspicion that a TM owner’s rights were violated, the customs authorities may notify them of the detention, thus enabling them to apply to the customs authorities within four days since a notification was sent.

Obtaining Evidence

Initiating TM litigation in Montenegro requires providing evidence that a TM belongs to or is controlled by its rightful owner. A court must be provided with such evidence within a period of time prescribed by Montenegrin law. Should plaintiffs succeed in providing sufficient proof of violation of their TM rights for commercial or economic gain, defendants may be obliged to furnish evidence of such a violation (financial, banking or other). Should they refuse to provide such evidence, it may be submitted by a plaintiff at a court’s request.

Limitation Period

Normally, a limitation period for settling a dispute over violation of TM ownership in Montenegro is 5 years.

Cost

The cost of each individual depends on the complexity & length of a trial. Having a case heard in a court of the 1st instance may require paying from twenty to one thousand five hundred euros. Also, procedural costs must be borne by both parties.

Montenegro: TM Protection

Plaintiffs can be reimbursed procedural costs & paid a compensation. Also, they may  require that counterfeit goods be destroyed at defendants’ expense & that a court decision be made publicly available. Violation of TM rights is punishable by a fine or a prison term of up to three years.

ADR

One of the most popular methods of settling TM disputes in Montenegro is termination letters. Resolution of a dispute through ADR in Montenegro takes place out of court.