LOCATIONS

Conventions/Treaties

• Paris Convention for the Protection of Industrial Property
• Agreement on Trade-Related Aspects of Intellectual Property Rights
• Singapore Treaty on the Law of Trademarks
• Trademark Law Treaty
• Madrid Agreement Concerning the International Registration of Marks
• Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
• European Patent Convention
• Patent Law Treaty
• The Patent Cooperation Treaty
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
• Strasbourg Agreement Concerning the International Patent Classification
• The Bern Convention for the Protection of Literary and Artistic Works
• WIPO Copyright Treaty
• Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
• Hague Agreement Concerning the International Registration of Industrial Designs
• Locarno Agreement Establishing an International Classification for Industrial Designs
• Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
• Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods

National regulation

• Law on Trademarks (Official Gazette of Montenegro, Nos. 72/2010, 44/2012, 18/2014, 40/2016, 2/20173/2023) – entered into force on December 16, 2010
• The Law on Enforcement of the Legislation that Regulates Protection of Intellectual Property Rights (‘’Official Gazette of Montenegro’’, Nos. 25/05, 37/11, 40/11) – entered into force on August 05, 2005
• Regulation on the Procedure of Granting, Changing, Renewing and Internationally Registering Trademarks (Official Gazette of Montenegro, No. 50/2011) – entered into force on October 29, 2011
• Regulation on the Contents of Trademark and Design Certificates (“Official Gazette of Montenegro”, No. 019/17) entered into force on April 04, 2017
• Law on Patents (Official Gazette of Montenegro, Nos. 42/2015, 2/2017, 146/2021, 3/2023) – entered into force on August 06, 2015
• Regulation on the Contents of the Registers, Applications and Other Submissions, Notification and Publication of Data in the Procedure for the Legal Protection of Inventions (Official Gazette of Montenegro, No. 8/2016) – entered into force on February 13, 2016
• Law on the Legal Protection of Industrial Designs (Official Gazette of Montenegro, Nos. 80/2010, 27/2013, 42/2016, 2/2017) – entered into force on January 8, 2011
• Regulation on the Procedure for Recognition, Changes and Renewal of the Validity of Industrial Design (Official Gazette of Montenegro No. 12/2012) – entered into force on March 03, 2012
• Law on Copyright and Related Rights (Official Gazette of Montenegro, No. 37/2011, 53/2016, 145/2021) – entered into force on August 06, 2011
• Regulation on the Deposit and Register of Copyright Works and Subject Matter of Related Rights (Official Gazette of Montenegro, No. 30/2012) – entered into force on June 16, 2012
• Law on Geographical Indications (Official Gazette of Montenegro, No. 48/2008 and 40/2011)  – entered into force on August 19, 2008
• Regulation on the Procedure for Recognition of Indication of Geographical Origin and Recognition of Status of the Authorized User of Indication of Geographical Origin (Official Gazette of Montenegro, No. 27/2009) entered into force on April 21, 2009
• Law on Designations of Origin, Geographical Indications and Indications of Traditional Specialties Guaranteed for Agricultural and Food Products (Official Gazette of Montenegro, No. 18/2011) – entered into force April on 09, 2011
• Law on the Protection of Topographies of Integrated Circuits (Official Gazette of Montenegro, No. 75/2010) – entered into force on December 29, 2010
• Regulation on the Content of the Application for the Topography Registration in the Register of Topographies (Official Gazette of Montenegro, No. 14/2016) – entered into force on March 05, 2016

Trademarks

• Filing the Application – Requirements
• Registration Procedure
• Opposition
• Duration
• Recording changes in the Register

Patents

• Filing a Conventional Application – Requirements
• PCT Applications – Any international patent application in which Montenegro has been designated or elected for the granting of a national patent, shall be deemed to be the request for extension of the European patent to Montenegro and the European Patent Office shall act as designated or elected Office under the Treaty. Accordingly, PCT applicants who desire patent protection in Montenegro should pursue such protection via the European Patent Office under the extension agreement/European Patent Convention between Montenegro and the European Patent Organisation
• The European Patent – requirements
• Time limits for filing the Application for the Extension of the European Patent
• Duration
• Recording changes in the Register

Industrial Designs

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

Trademarks

Filing the Application – Requirements

• Name and address of the applicant;
• Representation (outlook) of the mark;
• List of goods and services according to the Nice Classification 12^thaddition (Classes 1-45);
• Priority date, country and number;
• The original/certified copy of the Priority document is to be submitted within 3 months as from the application date along with a certified translation thereof into the local language ( this term cannot be extended);
• Power of Attorney in original, simply signed in the name of the applicant (no legalization/notarization is required). Power of Attorney can be submitted subsequently within 30 days as from the date of receipt of the official invitation issued by the IP Office due to its deficiency.

Registration Procedure

• The application is filed with and examined by the Intellectual Property Office of Montenegro;
• The IP Office examines absolute grounds for refusal only;
• The registration procedure takes approximately 9-12 months as from the application date (smooth procedure).

Opposition

• Trademark applications are published for opposition purposes and an opposition can be filed against a published trademark application within 90 days as from the date of publication;
• The opposition period for national trademark applications starts the day next to the publication date, while for international registrations opposition period starts as from the first day of the month following the publication date in the WIPO Gazette.

Duration

• Upon payment of the ten-year protection fees, the trademark is valid for 10 years as from the application date;
• Upon payment of renewal fees, the trademark will be extended for additional 10 years (trademark may be renewed unlimited number of time);
• The renewal fees can be paid during the last six months of the previous ten-year protection period or up to six months after the expiration date with a surcharge of +50% on the renewal fees.

Recording changes in the Register

Assignment of Rights Requirements

• Power of Attorney in original, simply signed in the name of Assignor (no legalization/notarization is required);
• Power of Attorney in original, simply signed in the name of Assignee (no legalization/notarization is required);
• Assignment Document, in original or certified copy thereof, simply signed in the name of Assignor and Assignee OR Excerpt from the Company Registry in original or certified copy thereof.

Change of Name Requirements

• Power of Attorney in original, simply signed in the name of new entity (no legalization/notarization is required).

Change of Address Requirements

• Power of Attorney in original, simply signed in the name of company with new address (no legalization/notarization is required).

License

• Power of Attorney in original, simply signed in the name of the Licensor OR the;
• Licensee (both Licensor or Licensee are entitled to file license recordal into the Registry);
• License agreement, in original or certified copy thereof, OR the agreement on the transfer of recorded license, which proves the contractual parties and the rights to be licensed, OR a certified statement on granting or transfer of a recorded license, signed by the Licensor and the Licensee;
• The License agreement is entered in the Registry at the request of the trademark holder (Licensor) or Licensee.

Patents

Filing a Conventional Application – Requirements

• Name and address of the applicant;
• The name and address of the inventor(s) or a statement that inventor does not wish to have his name mentioned in the application;
• Priority date, country and number;
• Description of patent;
• Patent claims;
• Drawings (if any);
• Abstract – summary of the invention;
• Priority document, in original or certified copy thereof, can be submitted subsequently within 3 months as from the application date along with certified translation thereof into the local language (his term cannot be extended);
• Power of Attorney in original, simply signed in the name of applicant, can be submitted subsequently within 60-90 days as from the receipt of the official invitation issued by the IP office due to its deficiency;
• Proof of the deposit of biological material, if the invention refers to biological material;
• List of nucleotide or amino acid sequences, if the application contains the disclosure of one nucleotide or amino acid sequences or more;
• The application is to be filed within one year as from the priority date;
• Translation of description, claims and abstract into local language, can be filed subsequently;
• The written evidence that the invention protected by the patent meets patents requirements must be submitted not later than the expiration of the 9^th year of the patent.

Extension of a European Patent – requirements

• As from March 1, 2010 Montenegro was extension state for European patents;
• As from October 01, 2022 Montenegro is designated state for European patents;
• Translation of patent claims into local language;
• Power of Attorney in original, simply signed in the name of the applicant (no legalization/notarization is required). The Power of Attorney could be submitted subsequently.

Time limits for filing the Application for the Extension of the European Patent

• The application for the extension of European patent is to be filed within 3 months as from the date of publication of grant of the European patent.

Duration

• 20 years from the application date for conventional Patents;
• 20 years from the international filing date for the National Phase of PCT patents;
• 20 years from the European filing date for the Applications for extension of European Patents;
• The protection fees are to be paid annually, prior to the expiration date of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest, with a +50% surcharge.

Recording changes in the Register

Assignment of Rights Requirements

• Power of Attorney simply signed by the Assignor, in original (no legalization/notarization is required);
• Power of Attorney simply signed by the Assignee, in original (no legalization/notarization is required);
• Assignment Document signed by the Assignor and the Assignee, in original or certified copy thereof OR Excerpt from the Company Registry, in original or certified copy thereof.

Change of Name Requirements

• Power of Attorney in original, simply signed in the name of new entity (no legalization/notarization is required);
• Extract from the Company Registry proving the change of name or any other Public Document which may serve as supporting document for recording the change of name.

Change of Address Requirements

• Power of Attorney in original, simply signed by a representative of the Company, in original (no legalization/notarization is required);
• Extract from the Company Registry proving the change of address or any other Public Document which may serve as supporting document for recording the change of address.

Industrial Design

Filing the Application – Requirements

• Name and address of the applicant;
• Presentation of the design (depiction) that is suitable for reproduction;
• An indication of the product in which the design will be contained in or to which the design will be applied;
• Description of the appearance or sample of the product;
• Request for postponing the publication of a registered design;
• Product classification according to the Locarno Agreement on the establishment of international classification for industrial design, i.e. Locarno International Classification;
• Information about the designer/the team of designers, i.e. a statement that the designer/the team of designers does not want to be listed in the application;
• Priority date, number, country;
• Signed Declaration in original of the designer/team of designers/applicant, that the designer/team of designers do not wish to be named in the application;
• Priority document, in original or certified copy thereof, can be submitted subsequently within three months from the application date along with a certified translation into the local language. This term cannot be extended;
• Power of Attorney in original, simply signed in the name of the applicant (no notarization/legalization is required). The Power of Attorney can be submitted subsequently within 60 days from receipt of the Official Invitation issued by IP office due to its deficiency.

Registration Procedure

• Intellectual Property Office of Montenegro examines only formal requirements of registration, i.e. does not perform substantive examination. Thus, if the application meets the prescribed requirements, the IP Office will issue the Decision to grant;
• The first five-year protection period is paid within registration fees;
• The annuities are to be paid on every five years as from the moment of filing;
• The renewal fees can be paid during the last six months ending on the last day of the month in which the cessation of protection occurs or up to six months after the expiration date with a surcharge of +50% of the renewal fees.

Duration

• 25 years from the application date

Recording changes in the Register

Assignment of Rights Requirements

• Power of Attorney simply signed by the Assignor, in original (no legalization/notarization is required);
• Power of Attorney simply signed by the Assignee, in original (no legalization/notarization is required);
• Assignment Document signed by the Assignor and the Assignee, in original or certified copy thereof OR Excerpt from the Company Registry, in original or certified copy thereof.

Change of Name Requirements

• Power of Attorney in original, simply signed in the name of new entity (no legalization/notarization is required);
• Extract from the Company Registry proving the change of name or any other Public Document which may serve as supporting document for recording the change of name.

Change of Address Requirements

• Power of Attorney in original, simply signed by a representative of the Company, in original (no legalization/notarization is required);
• Extract from the Company Registry proving the change of address or any other Public Document which may serve as supporting document for recording the change of address.

This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.