We’ve already covered the key features of registering a trademark in Montenegro, including issues encountered by entrepreneurs when resolving TM disputes. However, starting a business in this country requires being aware of the general aspects of TM regulation in Montenegro; and that’s exactly what we’re going to discuss in this material.
TM Regulation
The Ministry of Economy, Montenegro's main financial regulator, is also responsible for overseeing all TM-related matters.
TMs in Montenegro are governed by the following pieces of legislation:
- TM Law;
- Amendments to the TM Law;
- Procedure for issuing, amending, renewing & registering international TMs.
Montenegro is a signatory to a number of international agreements, such as:
- PC Convention;
- Madrid Treaty;
- Vienna Treaty;
- Nice Treaty;
- Free trade agreements.
Regulation of Unregistered Trademarks in Montenegro
Legal protection of unregistered trademarks in Europe is provided as per the PC Convention. The rights of unregistered & well-known TMs are protected on the basis of evidence submitted to the local IP office. The latter must confirm that they’re indeed well-known & grant them corresponding protection. As regards well-known foreign TMs, they may also be granted protection, providing they’re well-known in Montenegro.
Classification System
Being a signatory to the Nice Treaty, Montenegro is eligible to apply the 11th edition of the Nice Classification. Multi-class applications are also available.
If you intend to register a trademark in Montenegro, you should keep in mind that the country has no legislation governing the use of words or symbols indicating the use or registration of TMs in Europe. The use of ® or ™ is permitted but not required.
Montenegro: Licensing & Transferring TM rights
Licensing of Montenegrin TMs is governed by the TM Law & procedure for issuing, amending, renewing & registering international TMs. Protection of licensing rights is ensured through initiation of administrative proceedings.
To be considered valid, licenses must be registered & published in a special IP bulletin.
Want to be constantly updated on the latest changes in EU legislation? Need information about TM regulation in Europe? Looking for legal advice on TM registration in Montenegro, Slovenia or Spain? IQ Decision UK is the answer. Get in touch with us & have all your legal needs met quickly & professionally.
