1 
 THE LAW  
ON AMENDMENTS TO THE LAW ON TRADEMARKS  
 
("Official Gazette of Montenegro", No. 3/23)  
 
Article 1  
 
In the Law on Trademarks (“Official Gazette of Montenegro”, No. 72/10, 44/12, 18/14, 40/16 
and 2/17) in Article 2 paragraphs 2 and 3 shall be amended to read as follows:  
A trademark shall protect a mark  that is suitable for distinguishing goods or services of a legal 
or natural person from goods or services of another legal or natural person and which is entered in the register in a manner that allows to determine the exact and clear subject of 
protection of the mark  which the trademark provides to the  trademark holder.  
The mark  referred to in paragraph 2 of this Article may consist of words, personal names, 
slogans, letters, numbers, images, drawings, colors, color schemes, product shapes or product packaging, combinations of these signs, as well as sounds.  
 
Article 2  
 
In the title of Article 5, the comma and the words: “register of applications” shall be deleted.  
In paragraphs 1 and 8 words: “and the register of applications” shall be deleted.  
Paragraphs 2 shall be amended to read as follows:  
The register shall contain information on:  
- the applicant (personal name and address, i.e., name and headquarter),  
- the appearance of the sign for w hich the application for registration has been 
submitted,  
- list of goods and services,  
- proof of the administrative fee payment,  
- the date of submission of the application,  
- the trademark application number and,  
- the holder of the trademark, the requested priority right, the date of publication of 
the application, the appearance of the trademark,  
- third parties who have given a reasoned opinion,  
- the complainant, the date of entry of the trademark in the Register, the registration 
number,  
- International registration, renewal of the trademark and the date of termination of 
the trademark and changes in the data contained in the Register.  
- Paragraph 3 is deleted.  
Paragraph 4 shall be amended to read as follows:  
The register shall be kept in electronic for m and be available to the public.  
Paragraph 6 shall be amended to read as follows:  
The competent authority shall publish the data on the trademark entered in the Register 
referred to in paragraph 1 of this Article in the Official Gazette.  
In paragraph 7 words: “paragraph  6” is replaced by words :”paragraph  5”. 
Existing paragraphs  4 to 8 shall be paragraphs  3 to 7. 
 
  2 
 Article 3  
 
In Article 6, paragraph 1, item 1 shall be amended to read as follows:  
1) Which does not meet the requirements of Article 2 paragraphs 2 and 3 of this Law;  
Item 6 shall be amended to read as follows:  
6) Consisting exclusively of the shape or another characteristic of a product which:  
- is the result of the nature of the products themselves,  
- is necessary to obtain a technical result,  
- gives the products intrinsic value;  
Item 12 and item 13 shall  be amended to read as follows:  
(12) Which cannot be registered in accordance with the law of the European Union or 
regulations in Montenegr o or international agreements to which the European Union or 
Montenegro is a member, and which provide protection to:  
- designation of origin and geographical indication, or  
- traditional expressions for wines, or  
- guaranteed traditional specialties;  
(13) Consi sting of an earlier denomination of a plant variety or reproducing it in its essential 
elements, which is registered in Montenegro, in accordance with the law that are providing 
protection of plant variety rights and relating to plant varieties of the same  or closely related 
kind;  
After item 13, a new item shall be added to read:  
(14) Consisting of an earlier denomination of a plant variety or reproducing it in its essential 
elements, which is registered in accordance with the law of the European Union or 
international agreements to which the European Union is a member that are providing 
protection of plant variety rights and relating to plant varieties of the same or closely related.  
In paragraph 2, the words: “declare invalid” shall be replaced by the wor d “annul”, and after 
the words: “applications for registration” a comma and the words: “i.e., before the date of submission of the request for annulment” shall be added.  
 
Article 4  
 In Article 7, paragraph 6, after the words: “earlier trademark” the comma shall be deleted, and 
the words: “and registration of goods or services that are not similar was requested” shall be replaced by the words: “regardless of whether the goods or services for which the application 
for registration was submitted are identical,  similar or not similar”.  
 
Article 5  
    
Article 8 shall be amended to read as follows:  
Based on the complaint of the trademark holder, the trademark cannot be registered:  
1) on behalf of a representative who is entrusted to perform activities in a company within 
the limits of the authority to represent in accordance with the law and the founding act 
of the company (hereinafter: commercial representative) without the consent of  the 
trademark holder;  
2) if its use would constitute a violation of the right to personal name, portrait right, copyright or other industrial property rights;  3 
 3) which is identical or similar to the sign that was used in a good faith in trade before the 
date of filing the application for registration of a trademark, or the date of priority from Articles 23 and 24 of this law;  
4) if it can be replaced with an earlier trademark registered in another state, provided that 
the applicant for the trademark did not act in  good faith at the time of filing;  
5) if the application for registration of a designation of origin or geographical indication has 
already been submitted in accordance with the law, before the date of filing the 
application for registration of the trademark or the priority date requested in the 
application, provided that designation of origin or geographical indication:  
- is registered, and  
- gives the person authorized in accordance with the law the right to prohibit the use 
of a later trademark;  
6) if the applicat ion for registration of a designation of origin or geographical indication has 
already been submitted in accordance with the European Union law which prescribes 
the protection of designations of origin or geographical indications, provided that:  
- the applic ation for registration of a designation of origin or geographical indication 
has already been submitted in accordance with European Union law before the date 
of filing the application for registration of a trademark or the priority date requested 
in the application, provided that it is registered later,  
- the designation of origin or geographical indication gives the person authorized in 
accordance with the law the right to prohibit the use of a later trademark;  
Notwithstanding paragraph 1, item 1 of this Art icle, a commercial representative may register 
a trademark without the consent of the trademark holder, if that representative in the proceedings conducted before the competent authority states justifiable reasons to avoid violating the interests of the tr ademark holder.  
       
Article 6  
 In Article 10, paragraph 2, item 3 shall be amended to read as follows:  
(3) a sign that is identical or similar to its trademark, regardless of whether the goods or 
services in respect of which the trademark is used are identical, similar or not similar to the 
goods or services for which the trademark is registered, when the trademark has a reputation in Montenegro and when the use of that sign without good reason unfairly exploits the distinctive character or reputation of the trademark or harms them.  
Paragraph 4 shall be amended to read as follows:  
Notwithstanding paragraph 3 of this Article, the trademark holder shall be entitled to compensation for actions taken after the date of publication of the trademark application, and 
before the date of publication of the trademark registration, which will be prohibited after the 
publication of the trademark registration.   
 
Article 7  
 Article 11 shall be amended to read as follows:  
In accordance with the provisions of Article 10,  paragraph 2 of this Law, without the approval 
of the trademark holder other persons may not:  
1) affix a trademark on the goods, their packaging or means for marking the goods;  
2) offer the goods, place them on the market, or stock them for the purpose of placing 
them on the market, or offer them or perform services under a trademark;  4 
 3) import or export goods under a trademark;  
4) use a trademark on business documents or in advertising;  
5) use the sign as a trade name or the name of a trade company or part of a trade nam e, 
or part of the name of a trade company;  
6) Use the sign in comparative advertising in a manner that is contrary to the regulations 
on misleading and comparative advertising.  
The holder of a trademark which is well known in Montenegro shall also have the ri ghts 
referred to in paragraph 1 of this Article and Article 10 of this Law in accordance with Article 6bis of the Paris Convention.  
The provisions of paragraph 1 of this Article and Article 10 paragraphs 1 and 2 of this Law shall not affect the application of the provisions on protection against the use of the sign, 
except for the purposes of distinguishing goods or services, if the use of that sign without 
justifiable reason unfairly exploits the distinctive character or reputation of the trademark or it 
harms them.  
The holder of a registered trademark, regardless of the rights of the holder obtained before 
the date of filing the application or the priority date of the registered trademark, has the right 
to demand that third parties be prevented from import ing goods which are not in free circulation 
into the territory of Montenegro where the trademark is registered if these goods, including 
their packaging:  
- comes from third countries, and  
- without approval, it bears a trademark that is identical to the trademark registered 
for that goods or that cannot be distinguished from that trademark by its essential 
characteristics.  
The right of the trademark holder referred to in paragraph 4 of this Article shall cease to be 
valid if during the procedure for deter mining infringement of a registered trademark initiated in 
accordance with customs regulations on the application of intellectual property rights, the 
declarant or owner of the goods proves that the registered trademark holder is not authorized 
to prohibit  the placing on the market in the country of final destination.  
If there is a risk that packaging, labels, tags, security or authenticity marks or other markings on which the trademark is affixed may be used in connection with goods or services and that 
such use would infringe the rights of the trademark holder in accordance with paragraph 1 of 
this Article and Article 10 paragraph 2 of this Law, the holder of that trademark shall have the 
right to request from the administrative body responsible for custom s affairs and the 
administrative body responsible for inspection affairs to prohibit:  
1) affixing a sign identical or similar to a trademark on the packaging, labels, tags, 
security or authenticity marks, or on other markings on which the trademark may be 
affixed,  
2) offering or placing on the market or stocking for those purposes, or importing or exporting, packaging, labels, tags, security or authenticity marks or other means on 
which the trademark is affixed.  
 
Article 8  
 
In Article 12  paragraph 1, after the w ord shall, the words: “without delay and in the case of 
publication in printed form” shall be added.  
 
 
 5 
 Article 9  
 
 In Article 13, paragraph 1 shall be amended to read as follows:  
If the trademark is registered in the name of the commercial representative of the trademark 
holder without the consent of the trademark holder, and the commercial representative does 
not state justified reasons in terms of Article 8 paragraph 2 of this Law, the trademark holder shall have the right to prohibit the use of the trademark."  
  
Article 10  
 Articles 16 shall be amended to read as follows:  
 
The Right of the Holder of the Later Registered Trademark  
Article 16  
 
In proceedings for infringement of the right, the holder of the trademark shall not be authorized 
to request a ban on the use of a later registered trademark if that trademark is not annulled in 
accordance with Article 52, Article 52a paragraphs 1 and 2 and Article 52b paragraph 3 of this 
law. 
If the holder of the trademark is not authorized to request a ban on the use of a later registered 
trademark in accordance with paragraph 1 of this Article, the holder of the later registered 
trademark shall have no right to request a ban on the use of the earlier registered trademark.  
 
Article 11 
 
Articles 1 7 shall be amended to read as follows:  
 
Using the Trademark after Registration  
Article 17  
 
If in the period of five years from the day of completion of the trademark registration procedure, 
the right holder did not actually use the trademark for  goods or services for which it was 
registered or if it ceased to be used in a continuous period of five years, the provisions of Articles 17a, 33, 52b and 53 of this Law will apply, unless there are justified reasons for not 
using the trademark.  
The use o f the trademark referred to in paragraph 1 of this Article shall also be the use in a 
form that differs in elements that do not change the distinctive character of the trademark in the form in which it is registered, as well as placing the trademark on goods or their packaging 
or services only for export purposes.  
The use of a trademark with the consent of the right holder or the person authorized to use the collective trademark shall be considered to be the use by the right holder.  
Notwithstanding paragraph 1 of this Article, if the defendant requests a ban on the use of the trademark, the trademark holder shall have to prove that during the five years prior to the filing date the trademark was in actual use in relation to the goods or services for which it  is 
registered and which are stated as reasons for the lawsuit or that there are justified reasons for not using the trademark, provided that the trademark registration procedure was completed at least five years before the date of filing the lawsuit.  6 
 The date of commencement of the deadline referred to in paragraph 1 of this Article shall be 
entered in the Register.  
 
Article 1 2 
 
Article 20 shall be amended to read as follow:  
The application shall contain:  
1) request for trademark registration;  
2) information on the applicant;  
3) the appearance of the sign which the applicant intends to protect with a trademark;  
4) list of goods or services for which registration is requested;  
5) proof of payment of the administrative fee;  
6) Power of attorney to represent, if the application was submitted through a 
representative.  
Goods and services from application referred to in paragraph 1, item 4 of this Article shall be 
classified into classes according to the International Classification of Goods and Services 
established by the Nice Agreement Concerning the International Classification of Goods and 
Services for the Purposes of the Registration of Marks (hereinafter: Nice Classifications).  
 The applicant shall clearly and precisely identify the goods and services for which the 
trademark protection is sought, so that the scope of the protection can be determined 
exclusively on the basis of the application.  
Identification of goods and services referred to in paragraph 3 of this Article shall be performed 
in accordance with the Nice Classification.  
Classes and designations of goods and services whose identification is performed in 
accordance with the Nice Classification shall include all goods and services listed in that class or designation.  
Goods and services that are not cove red by the class or designation referred to in paragraph 
5 of this Article shall not be considered the subject of the application for registration of a trademark or registered trademark.  
If the applicant requires the registration of more than one class, then the applicant classifies 
the goods and services according to the classes of the Nice Classification, each group being 
preceded by the class number to which that group of goods or services belongs and lists them according to the order of classes.  
Goods and services referred to in paragraph 3 of this Article shall not be considered mutually:  
- similar because they appear in the same class of the Nice Classification,  
- different because they appear in different classes of the Nice Classification.  
The application form referred to in paragraph 1 of this Article shall be prescribed by the 
Ministry.  
 
Article 1 3 
 In Article 21, paragraph 3 and Article 26a, paragraph 6, the words: “register of applications” 
shall be replaced by the word “Register”.  
 
Article 1 4 
 
In Article 23, paragraph 1, after the words: "Paris Convention", the words: "for the protection 
of industrial property (hereinafter: The Paris Convention)" shall be added.  7 
  
Article 1 5 
 
In Article 27, paragraph 1, the words: “register of applications” shall be replaced by the word 
“Register”.  
In paragraphs 2 and 5 and Article 28, paragraph 4, the words: “60 days” shall be replaced by 
the words: “30 days”.  
 
Article 1 6 
 Articles 30 shall be amended to read as follows:  
 
Opinion of Other Persons 
Article 30  
 
After p ublishing the application referred to in Article 29 of this Law, legal and natural persons 
or associations of producers of goods or service providers, traders and consumers may submit 
to the competent authority in writing a reasoned opinion (hereinafter: opinions) on the absolute 
reasons for refusing registration referred to in Article 6 of this Law, within 90 days from the 
day of publication of the application.  
The persons referred to in paragraph 1 of this Article shall not be parties to the proceedings.  
After receiving the opinions referred to in paragraph 1 of this Article, the competent authority shall submit them to the applicant for registration of the trademark, who may rule on them 
within 15 days from the date of receipt of the opinions.  
 If the applicant for trademark registration does not respond to the opinions within the period 
referred to in paragraph 3 of this Article, the competent authority shall issue a decision on 
refusal or registration of the trademark, which shall be published in the Off icial Gazette.  
The competent authority may, ex officio, before registration, re -initiate the examination of the 
absolute reasons for refusal of registration referred to in Article 6 of this Law.  
 
Article 17 
 
Articles 3 1 shall be amended to read as follows:  
 
 
Objection to Trademark Registration  
Article 31  
Objection for refusal to register a trademark in the case referred to in Articles 7 and 8 of this 
Law shall be submitted to the competent authority, within 90 days from the day of publishing 
the application in the Official Gazette.  
The objection referred to in paragraph 1 of this Article may be filed by the holder of the earlier 
trademark or the assignee who has the approval of the trademark holder, holder of personal 
name, portrait right, copyright or other industrial property right referred to in Article 8 paragraph 1 item 2 of this Law, a stakeholder when an objection is submitted on the basis of Article 8, 
paragraph 1, item 3 and 4 of this Law and persons who are:  
1) in accordance with the law governing the protection of geographical indications, 
authorized to exercise the rights referred to in Article 8, paragraph 1, item 5 of this Law;  8 
 2) on the basis of legal regulations of the European Union which provide protection of 
designations of origin and geographical indications, authorized to exercise the rights referred to in Article 8, paragraph 1, items 5 and 6 of this law.  
If, on the day of publishing the trademark application, the procedure for revocation of the 
previous  trademark or the procedure for annulment of the trademark has been initiated, the 
competent authority shall suspend the procedure of reviewing the objection until the decision in these proceedings becomes final.  
An objection may be filed on the basis of one or more previous rights referred to in Article 8, paragraph 1, item 2 of this Law, provided that they all belong to the same holder.  
An objection may be filed for goods or services or only for a part of goods or services in respect of which a previous r ight has been protected or for which an application has been filed.  
The deadline for submitting objections referred to in paragraph 1 of this Article may not be 
extended.  
An administrative fee shall be paid for filing an objection referred to in paragraph 1 of this 
Article.  
 
Article 1 8 
 
In Article 33,  in introductory sentenceparagraph 2, the words: “on the day of publication of the 
application” shall be replaced by the words: “on the date of filing the application or on the date 
of priority of the later trademark”.  
 
Article 1 9 
 
In Article 33b, paragraph 2, the words: “longer than six m onths” shall be replaced by the words: 
“shorter than 24 months”.  
At the end of paragraph 3, the full stop shall be replaced by a comma and the words: "or if the procedure is not completed in another way" shall be added.  
In paragraph 6, the words: “refusal of the objection or decision on refusing registration of the 
trademark.” shall be replaced by the words: “suspend the proceedings on the opinion.”.  
 
Article 20 
 In Article 34, paragraph 2, the words: “60 days” shall be replaced by the words: “two months”.  
In paragraph 4 coma and words : “request for return into previou s condition from Article  38 of 
this Law  ” shall be deleted.  
 
Article 21 
 
In Article 37, paragraph 1, after the word services, the comma shall be replaced by a full stop, 
and the words: “correct ion of errors in the text or transcript or correction of another obvious 
error” shall be deleted.  
After paragraph 1, three new paragraphs shall be added to read as follows:  
 If the entry of the trademark in the Register, or the published application, or the registration 
of the trademark or the decision of the competent authority contains an obvious error, the competent authority shall correct the error ex officio or at the request of the party.  
The competent authority shall issue a decision which deletes the previous entry of the 
trademark in the Register or the previous publication of the application, i.e., by which it corrects 9 
 the previous decision containing an obvious error with a new decision and publishes the 
correction of incorrectly published data. An administrative fee and reimbursement of costs shall not be paid for the submission of a 
request for correction of errors referred to in paragraph 1 of this Article.  
 In pa ragraph 5 the words: “paragraphs 1 to 4” shall be replaced by the words: “paragraphs 1 
to 7”.  
Existing paragraphs  2 to 6 shall be paragraphs  5 to 9. 
 
Article 2 2 
 
Articles 38 shall be amended to read as follows:  
 
Highlighting Multiple Requests for Entry in the Register, Removal or Change of Rights 
in the Register  
Article 38  
 The applicant or the holder of the trademark, may submit to the competent authority multiple 
requests related to entry in the register, removal or change of rights in the regist er, stating the 
numbers of applications or registration to which the request refers.  
The applicant referred to in paragraph 1 of this Article shall submit evidence of payment of the 
prescribed administrative fee and reimbursement of costs, for each application or registration 
contained in that application.  
 
Article 23 
 
Articles 3 9 shall be amended to read as follows:  
 
License  
Article 39  
 The holder of the trademark may, on the basis of the license agreement, assign the right to use the trademark for goods or services or only for a part of the goods or services.  
The license may be exclusive or non-exclusive. 
An exclusive license is a license on the basis of which the license assignee acquires the 
exclusive right to use the trademark, if that right is explicitly agreed.  
A non- exclusive license is a license under which the license assignee does not acquire the 
exclusive right to use the trademark.  
The agreement referred to in paragraph 1 of this Article shall be entered in the Register at the request of t he trademark holder or license assignee, if the following documentation has been 
submitted to the competent authority with the request: 
- a certified copy of the license agreement or the agreement on the assignment of the registered license, which shows the contracting parties and the rights to be licensed, 
or the rights from the registered license to be assigned, or  
- certified statement on assigning or transferring the registered license, signed by the licensor and the license assignee.  10 
 The data on the licens e agreement entered in the Register in the manner referred to in 
paragraph 5 shall be changed or deleted at the request of the trademark holder or the license 
assignee.  
The trademark holder may invoke the rights from the trademark against the license assignee 
who does not comply with the provisions of the license agreement in relation to:  
- the duration of the license agreement,  
- registration of the determined manner in which the trademark may be used, in terms 
of Article 11 of this Law,  
- the scope of goods and services for which the license is assigned,  
- the territory in which the mark may be used or the quality of the goods produced or 
services offered by the license assignee.  
A trademark cannot be subject to a compulsory license.  
Entries in the Register from paragraphs 5  and 6 of this Article shall be made by a decision.  
Entries o f the license agreement in the Register shall be published in the Official Gazette.  
 
Article 24 
 
Articles 40 shall be amended to read as follows:  
 
Trademark Assignment  
Article 40  
The holder of the trademark may assign to another person the trademark for goods or services or only for a part of the goods or services for which it is registered.  
When transferring a share, or merging a company, the trademark of that company shall also 
be assigned, unless otherwise determined by the agreement between the companies.  
 In case of assignment of the trademark in relation to only a part of the goods or services for 
which the trademark is registered, the procedure of separation of registration shall be 
performed in accordance with Article 36 of this Law.  
The procedure for registration of the assignment of a trademark shall be initiated by a request, 
accompanied by:  
1) the proof of legal basis of the required registration;  
2) the power of attorney, if the procedure for registration of the assignment of a trademark, 
license or pledge is initiated through an agent;  
3) the proof of payment of the administrative fee for registration of the assignment of rights, 
license or pledge.  
Registration of t he license or pledge may be requested on the basis of a request referred to 
in paragraph 4 of this Article, provided that the holder of the trademark and the license or 
pledge assignee are the same person.  
The assignment of the trademark shall be entered i n the Register and published in the Official 
Gazette.  
The application form and more detailed documentation submitted with the application referred 
to in paragraph 4 of this Article shall be prescribed by the Ministry.  
 
Article 25 
 Articles 41 shall be amended to read as follows:  
  11 
 Pledge, Enforced Performance and Bankruptcy 
Article 41  
 
A trademark may independently be the subject of a pledge on the basis of a pledge agreement, 
the subject of other rights in rem or the subject of enforcement, in relation to the company that 
is the holder of such trademark.  
 
At the request of the pledge creditor or pledge debtor, the pledge right shall be entered in the 
Register.  
The court ex officio or the public executor who conducts the enforcement, shall inform the 
competent authority without delay about the initiated enforcement on the trademark, for the 
purpose of entry in the Register.  
The registration referred to in paragraph 2 of this Article may also be initiated at the request 
of the person referred to in paragraph 2 of this Article.  
The competent authority shall issue a decision on the registration referred to in paragraph 2 of this Article.  
The registration of the pledge and the fact that enforcement has been initiated against the trademark shall be published in the Official Gazette.  
After the submission of the notification by the competent court or the bankruptcy trustee, the data on the bankruptcy shall be entered in the Register and published in the Official Gazette.  
The detail ed content of the request for registration of the license and pledge and the 
documentation attached to the request shall be prescribed by the Ministry  
 
 Article 2 6 
 
After Article 41a, a new article shall be added to read as follows:  
 
The Effect of Registra tion on Third Parties  
Article 41b  
 Based on the request for registration, removal or change in the Register submitted in accordance with the provisions of Articles 39 to 41a of this Law, that registration, removal or 
change shall have effect towards third parties after the entry in the Register.  
 
Article 2 7 
 
In Article 43, paragraph 1, the words: “10 years” shall be replaced by the words: “ten years”.  
After paragraph 5, two new paragraphs shall be added to read as follows:  
If the license is entered in the Register, the renunciation of the trademark shall be entered in 
the Register only if the holder of the trademark proves that they have informed the license 
assignee of their intention to renounce.  
The renunciation of the trademark shall be entered in t he Register and the competent authority 
shall issue a decision on the registration after expiration of the three- month period, from the 
day on which the holder proved to the competent authority that he informed the license 
assignee of the intention to renounce or before the expiration of that period immediately after 
obtaining the consent from the license assignee.  
The previous paragraphs 6 and 7 shall become paragraphs 8 and 9.  
 12 
 Article 2 8 
 
In Article 44, paragraph 1 shall be amended to read as follows:  
A collective trademark shall mean a trademark which is described as such in the trademark 
application and which is suitable for distinguishing goods or services, members of the 
association which is the holder of that trademark from the goods or services of another legal or natural person.  
 
Article 2 9 
 Article 46 shall be amended to read as follows:  
Submitting an Application for a Collective Trademark  
Article 46  
 
Applicants for the registration of a collective trademark may be an association of producers, 
service providers or traders, as well as legal entities under public law that may exercise rights, 
assume obligations, conclude contracts or perform other legal actions on their own behalf.  
 In the event of infringement of a collective trademark the holder of  the collective trademark 
shall have the right to claim damages on behalf of persons authorized to use the trademark, 
if those persons have suffered damage as a result of unauthorized use of the trademark  
Persons referred to in paragraph 1 of this Article shall be considered state bodies, state 
administration bodies, administrative bodies, local self -government bodies, local government 
bodies, legal entities and other entities exercising public authority.  
 
Article 30 
 
After Article 47, a new article shall be added to read as follows:  
Rejection of the Application for a Collective Trademark  
Article 47a  
 
The application for registration of a collective trademark shall be rejected by the competent authority if:  
1) it does not meet the conditions provided for in Article 6 of this Law, except in the case 
of protection of a geographical indication by a collective trademark;  
2) it has not been submitted in accordance with the provisions of Article 44, paragraph 1 
or Article 46 of this Law;  
3) the general act on the collective trademark is not in accordance with the law;  
4) there is a likelihood of misleading the public as to the character or meaning of the 
trademark, especially if there is a likelihood of misleading that it is considered to be something other than a collective trademark.  
The competent authority shall not reject the application if the applicant amends the general act on the collective trademark in a way that it meets the conditions referred to in paragraph 1 of this Article.  
Opinions of third parties on the  application for registration of a collective trademark, in 
accordance with Article 30 of this Law, may also be based on the reasons for rejecting registration of a collective trademark prescribed by paragraph 1 of this Article.   
 
  13 
 Article 31 
 
   In Arti cle 48 paragraph 2, the words: “Article 47” shall be replaced by the words: 
“Articles 47 and 47a”.  
 
Article 32 
 
Article 50c shall be amended to read as follows:  
Proving the Use of an Internationally Registered Trademark  
Article 50c  
 
In order to prove the use of an internationally registered trademark in proceedings on 
objection, annulment or revocation of a trademark, the date on which the statement of the 
competent authority on recognition of protection of international trademark registration in Montenegro is published in the Official Gazette of the International Bureau shall be taken.  
If within one year from the date of notification of the International Bureau on the request for 
extension of protection of international registration on the territory of  Montenegro, the 
competent authority has not notified the International Bureau of temporary rejection of 
protection, nor has it submitted a statement recognizing the protection of the international 
registration of the trademark,  in determining the date fro m which such trademark has to be 
used,  the first day after the expiry of that period shall be taken.  
If upon the expiration of the deadline referred to in paragraph 2 of this Article, the procedure for requesting extension of protection of an international ly registered trademark in the territory 
of Montenegro is not completed, the date of international registration shall be the date when 
the competent authority notified the International Bureau of its decision to grant protection.  
  
Article 33 
 
 Articles 5 1 shall be amended to read as follows:  
 
Annulment of a Trademark Based on Absolute Reasons  
Article 51  
 If the trademark has not been registered in accordance with Article 6 of this Law, the 
competent authority may annul the registered trademark, in whole or in part.  
The procedure for annulment of a registered trademark may be initiated by the competent 
authority ex officio or at the request of interested persons, if the applicant did not act in good 
faith when filing the application.  
In case the registra tion of the trademark has not been performed in accordance with Article 6 
of this Law, the request may be submitted by any interested person.  
The interested person referred to in paragraph 3 of this Article is a natural or legal person, group or body established to represent the interests of producers, service providers, traders 
or consumers, who may sue and be sued in their own name.  
If the trademark is not registered in accordance with Article 6 of this Law, the trademark shall 
be annulled if the reasons for annulment exist when the decision on annulment of the 
trademark is adopted.  
If the trademark is not registered in accordance with Article 6, paragraph 1, item 2 to 5 of this 
Law, the trademark shall not be annulled if the holder of the trademark proves  that the 14 
 trademark has acquired a distinctive character in relation to the goods or services, for which it 
was registered before the date of filing the request for annulment.  
 
Article 34 
 Articles 51a shall be amended to read as follows:  
 
Annulment  of a Trademark Based on Relative Reasons  
Article 51a  
 If the registration of the trademark has not been performed in accordance with Articles 7 and 
8 of this Law, the competent authority may annul the regis tered trademark, in whole or in part.  
 
If the registration of a trademark has not been performed in accordance with Article 7 of this Law, the request may be submitted by the holder of the earlier trademark, as well as by license 
assignees who have the approval of the holder of that trademark.  
If the registration of the trademark has not been performed in accordance with:  
 
1) Article 8, paragraph 1, items 1, 2  and 3 of this Law, the request may be submitted by 
the person whose right has been violated,  
2) Article 8, paragraph 1, item 4 of this law the request may be submitted by the person 
whose right has been violated and the interested person,  
3) Article 8, paragraph 1, items 5 and 6 of this Law, the request may be submitted by 
persons in accordance with:  
a. regulations providing for the protection of designations of origin and geographical 
indications;  
b. European Union law providing for the protection of designations of origin and geographical indications.  
When the holder of any of the rights from Articles 7 or 8 of this Law, on which the request for 
annulment of a trademark is based, has previously filed request for annulment of a trademark, 
they may not file a new request for annulment of a trademark on the basis of any other right 
from those articles  to which they could refer in the first request.  
The trademark cannot be annulled if the holder of any of the rights from Articles 7 or 8 of this Law, on which the request for annulment of a trademark is based, has explicitly approved the 
registration of the trademark prior to the filing of that request.  
If on the date of filing the request for annulment of the trademark on the basis of the earlier 
trademark the procedure on the request for revocation or annulment of the earlier trademark 
is in progress, the competent authority shall issue a decision on termination of the procedure 
on the request for annulment of the trademark  until the decision from the previously initiated 
revocation or annulment proceedings becomes final.  
An application for annulment of a trademark  may be filed on the basis of one or more previous 
rights, provided that they all belong to the same holder.  
 
Article 35 
 After Article 51a, a new Article shall be added to read as follows:  
 
Annulment of a Collective Trademark  15 
 Article 51b  
The competent authority may annul the registered collective trademark:  
1) for the reasons specified in Articles 51 and 51a of this law,  
2) when the collective trademark is not registered in accordance with Article 47a of this 
Law.  
Notwithstanding paragraph 1, item 2 of this Article, a registered collective trademark shall not 
be annulled if the holder of the trademark meets the conditions referred to in Article 47a of this 
Law by amending the general act.  
The procedure for annulment of the collective trademark refe rred to in paragraph 1 of this 
Article may be initiated by the competent authority ex officio or at the request of the interested 
person.  
 
Article 36 
 
Articles 52 shall be amended to read as follows:  
 
Lack of distinctive character or reputation of the ear lier trademark which prevents the 
annulment of the trademark  
Article 52  
 A request for annulment of a trademark based on an earlier trademark will not be accepted on 
the date of filing the request for annulment, if the request would not be accepted on the date 
of filing the application for a later trademark or on the day of priority of the later trademark if:  
1) the earlier trademark may be annulled in accordance with Article 6, paragraph 1, items 
2 to 5 of this Law, and has not yet acquired the distinctive character referred to in Article 6, paragraph 2 of this Law;  
2) the request for annulment of the trademark is submitted in accordance with Article 7, paragraph 6 of this Law, and the earlier trademark has not yet gained a reputation in Montenegro in accordance with this Law;  
3) the request for annulment of the trademark is submitted in accordance with Article 7, 
paragraph 1, item 2 of this Law, and the earlier trademark has not yet acquired sufficient distinctiveness, which would justify the likelihood of misleading the public.  
 
Article 37 
 
Articles 52a shall be amended to read as follows:  
 
Inability to file an application for annulment  
Article 52a  
 
The holder of an earlier trademark referred to in Article 7 of this Law, who knowingly allows 
the use of a later trademark for a continuous period of five years, shall not have the right to 
request annulment of the later trademark in relation to goods or services for which that later 
trademark is used, unless the application for registration of a later tradem ark was filed in good 
faith.  
The provision of paragraph 1 of this Article shall also apply to the right holders referred to in Article 8 of this Law.  
In the cases referred to in paragraphs 1 and 2 of this article holder:  16 
 1) of the later trademark has no right  to oppose the use of the earlier trademark,  
2) of the earlier trademark has no right to oppose the use of the later trademark.  
 
Article 38 
 
After Article 52a, three new articles shall be added as follows:  
 
Proving the use of the trademark in annulment proceedings  
Article 52b  
 
In proceedings for annulment of a trademark based on a registered trademark with an earlier 
filing date or an earlier priority date, if the holder of the later trademark requests so, the holder 
of the earlier trademark shall have to prove that the earlier trademark, during the five years 
preceding the filing request for annulment, was in actual use in accordance with Article 17 of this Law in relation to goods or services for which it is registered and which are stated as 
reasons in the request or that there are justified reasons for non -use, provided that the earlier 
trademark on the date of filing the request for annulment of the trademark has been registered for at least five years.  
The competent authority shall invite t he holder of the earlier registered trademark to respond 
on the request referred to in paragraph 1 of this Article within 60 days from the day of receipt 
of the invitation.  
If the holder of the earlier trademark does not respond to the request for proving the use within 
the period referred to in paragraph 2 of this Article or does not prove the use or justified 
reasons for non- use of the earlier trademark, the competent authority shall reject the request 
by a decision.  
If the holder of the earlier trademark  responds to the request for proving the use of the 
trademark within the period referred to in paragraph 2 of this Article, the competent authority shall forward the statement to the holder of the disputed trademark and invite him to declare himself within  60 days  from the day of receipt of the invitation.  
After the expiration of the deadline referred to in paragraph 4 of this Article, the competent 
authority shall decide on the merits of the request for annulment of the trademark on the basis 
of available facts from previously submitted documentation and statements.  
If the earlier trademark was used only in relation to the part of the goods or services for which it was registered, for the purposes of examining the justification of the request for annulment 
of the trademark, it shall be considered to be registered only for that part of the goods or 
services.  
 
Annulment Procedure  
Article 52c  
 
The competent authority shall reject the request for annulment of the trademark by a decision 
if it has not been submitted:  
1) in accordance with the conditions from Articles 51, 51a and 51b of this law, or  
2) by the holder of the earlier trademark and the license assignee or if the request has 
not been submitted in accordance with Article 51a paragraph 4 of this Law.  
If the conditions for initiating annulment procedure are met, the competent authority shall notify 
the trademark holder whose annulment is request ed in the initiated trademark annulment 17 
 procedure, and provide him with a copy of the request and invite him to respond within 60 
days of receiving the invitation.  
The deadline referred to in paragraph 2 of this Article may, at the request of the trademark  
holder whose annulment is requested, be extended by a maximum of 60 days.  
If the holder of the trademark whose annulment is requested does not respond to the request for annulment within the period referred to in paragraph 3 of this Article, the competent  
authority shall annul the trademark for those goods or services in respect of which the 
procedure was initiated.  
If the holder of the disputed trademark responds within the period referred to in paragraph 3 
of this Article, the competent authority shall examine the justification of the reasons stated in 
the request for annulment, in relation to goods or services, or part of goods or services in 
respect of which the disputed trademark is registered.  
In the procedure of examination of the request, the competent authority may invite the parties 
in the procedure to submit additional documentation regarding the filed request and a statement within 60 days from the day of receipt of the invitation.  
The deadline referred to in paragraph 6 of this Article, at  the request of the parties to the 
procedure may be extended by a maximum of 60 days.  
If the party in the procedure does not respond to the invitation within the period referred to in 
paragraphs 2 and 3 of this Article, the competent authority shall make a decision based on the 
facts from the previously submitted documentation.  
If in the procedure of examining the merits of the request for annulment of a trademark 
registered in the name of a commercial agent in which the assignment of such a trademark is 
requested in accordance with Article 13 paragraph 2 of this Law, the reasons for annulment 
of the trademark are determined, the competent authority shall, instead of annulling the 
trademark, issue a decision on the assignment of the trademark in favor of the holder of the 
trademark and enter the assignment of the trademark in the Register.  
 
Legal effect of annulment  
Article 52d  
 
Persons referred to in Article 51 paragraphs 2 and 3, Article 51a paragraphs 2 and 3 and 
Article 51b paragraph 3 of this Law may fil e a request for annulment of a registered trademark 
to the competent authority during the term of the trademark right, as well as after the expiration of the term of the trademark right.  
When the reasons for annulment of a trademark exist in relation of on ly some goods or 
services for which the trademark is registered, the annulment of the trademark shall cover only those goods or services.  
When the competent authority makes a decision on the annulment of a trademark, it shall be considered that the trademark does not produce legal effect to the extent that the trademark 
has been annulled.  
The competent authority shall enter the annulment of the trademark in the Register and publish 
it in the Official Gazette.  
 
Article 3 9 
 
In Article 53 paragraphs 1 and 3 the word “court” shall be replaced by the word “authority”.  
Paragraph 2 is amended to read:  18 
 “The competent authority wil reject the request for revocation of the trademark, if the use f  the 
trademark was started or continued after the expiration of a continuous period of the five years 
in wich the trademark was not used, and before the request for revocation of the trademark 
was submitted, unless the start of continuation of the useof the trademark occurred after the 
owner of the trademark found out that a request for the revocation of the trademark would be 
submitted and if the use was started or continued within a period of three mounts before the 
request for revocation was submitted”.  
After paragraph 3, two new paragraphs shall be added to read as follows:  
In addition to the reasons for annulment of the trademark referred to in paragraph 3 of this 
Article, the rights of the holder of the collective trademark shall also be revoked on the  basis 
of a request submitted to the competent authority, if:  
1) the holder of the collective trademark does not take measures to prevent the trademark 
from being used in a manner that is not in accordance with the conditions of use set out 
in the general ac t, including all its changes entered in the Register;  
2) the manner in which authorized persons use the collective trademark misleads the 
public in terms of Article 47a paragraph 1 item 4 of this Law;  
3) the amendment of the general act entered in the Register is not in accordance with 
Article 47 of this Law, unless the holder of the trademark succeeds in meeting the 
conditions specified in that Article by further amendments to the general act.  
The holder of a trademark shall have the right to request a  ban on the use of the trademark, 
only to the extent that the rights of the holder at the time of filing the infringement lawsuit are 
not subject to the possibility of revoking the trademark.  
 
Article 40 
 
After Article 53, a new article shall be added to r ead as follows:  
 
Trademark revocation procedure  
Article 53a  
  
The competent authority shall examine whether the request for revocation of the trademark was submitted in accordance with Article 53 of this Law.  
If the applicant has filed a request for revoca tion of the trademark before the expiration of a 
period of five years, from the date of registration of the trademark whose revocation is 
requested or if it has not been filed in accordance with Article 53 of this Law, the competent 
authority shall reject the request by a decision.  
If the conditions referred to in paragraph 1 of this Article are met, the competent authority shall 
notify the holder of the trademark whose revocation is requested of the filed request for 
revocation, submit the request and invi te the holder to state the opinion on the request within 
60 days from the date of receipt.  
If the holder of the trademark whose revocation is requested does not respond to the request 
within the period referred to in paragraph 3 of this Article, the trade mark shall be revoked by 
a decision for goods or services in respect of which the request was submitted.  
If the holder of the trademark whose revocation is requested responds to the request, the 
competent authority shall forward the statement to the applic ant for revocation of the 
trademark and invite him to respond within 60 days from the day of receipt of the invitation.  19 
 If the applicant for revocation does not respond within the deadline referred to in paragraph 5 
of this Article, the competent authority  shall make a decision based on the facts from the 
previously submitted documentation and statements.  
Deadlines from paragraphs 3 and 5 of this Article may, at the request of the holder of the 
disputed trademark, be extended for a maximum of 60 days.  
In the procedure of examining the justification of the reasons for revoking the trademark, the 
competent authority may invite the parties in the procedure to submit additional documentation 
regarding the filed request and statement within 60 days from the day of receipt of the 
invitation.  
The deadline referred to in paragraph 8 of this Article may, at the request of the parties to the procedure, be extended by a maximum of 60 days.  
If the party in the procedure does not respond to the invitation within the period referred to in 
paragraphs 8 and 9 of this Article, the competent authority shall issue a decision based on the 
facts from the previously submitted documentation.  
 
Article 41 
 
Article 54 shall be amended to read as follows:  
 
Legal effect of Revocation of a Trademark  
Article 54  
 
The request for revocation of the registered trademark may be submitted by interested 
persons.  
When the reasons for revocation of the registered trademark exist only in relation to goods or services for which the trademark is registered, the decision on revocation of the registered 
trademark shall cover only those goods or services.  
When a trademark is revoked, the trademark shall be considered not to have legal effect from 
the date of filing the request for revocation.  
At the request of one of the parties in the procedure, the decision on the request for revocation of the registered trademark may determine the earlier date of revocation of the trademark from 
the date of filing the request for revocation, on which date one of the reasons for revocation of the trademark appeared from Article 53 of this Law.  
The competent authority shall enter the revocation of the registered trademark in the Register 
and publish it in the Official Gazette.  
 
Article 42 
 
In Article 55, after paragraph 4, a new paragraph shall be added to read as follows:  
Paragraph 4 of this Article shall also apply in case of non -compliance with measures adopted 
in accordance with Articles 55a, 56 and 57 of this law.  
The previous paragraphs 5 to 8 shall become paragraphs 6 to 9.  
 
Article 43 
 
Article 55b shall be amended to read as follows:  20 
 The holder of the trademark may claim damages from a person who caused damage by 
unauthorized actions referred to in Articles 10 and 11 of this law, by suing, in accordance with the law on obligations.  
Against a person who has, without grounds in legal business or in law, by undertaking some 
of the actions from Articles 10 and 11 of this Law violated the trademark and thus gained some 
benefit, the trademark holder may, regardless of the defendant's guilt, file a lawsuit to recover or reimburse the value of  the benefits according to the general rules of acquisition without 
grounds in accordance with the law on obligations.  
Claims under paragraphs 1 and 2 of this Article shall not be mutually exclusive and may be 
submitted within the deadlines determined by t he law on obligations.  
When determining the amount of damages, the court shall take into account all circumstances, such as negative economic consequences: lost benefit and gained benefit generated by the 
person who committed the violation, as well as non- material damage caused to the holder of 
the trademark by unauthorized actions referred to in Articles 10 and 11 of this law which 
infringe the trademark.  
Instead of determining the amount of damages in accordance with paragraph 4 of this Article, 
the court  may, when it deems it appropriate, determine damages against the person who 
committed the violation in the amount of compensation that would be required in those 
circumstances if the person who made an infringement had sought authorization to use the 
trademark.  
 
Article 44 
 
Article 59b shall be amended to read as follows:  
In addition to the holder of the trademark, or the person authorized by him, the protection of 
the trademark from damage in accordance with Articles 55 to 59 of this Law may be requested  
by the license assignee to the extent to which he has acquired the right to use the trademark, as well as by the professional organization for the protection of rights that has the right to represent the holder of intellectual property rights in accordanc e with the law.  
The license assignee may initiate procedure for trademark infringement, only with the consent 
of the trademark holder.  
The exclusive license assignee may initiate procedure if the trademark holder, after written 
notice, does not initiate pr ocedure for trademark infringement within a period which may not 
be longer than 15 days.  
The license assignee, in order to obtain compensation for the damage he has suffered, has 
the right to intervene in the infringement procedure initiated by the tradem ark holder.  
The provisions of this Article relating to the license assignee shall apply to the person 
authorized to use the collective trademark.  
 
Article 45 
Article 59 d shall be amended to read as follows:  
 
“Submition request  for annulment  or revocation of a trademark  
 
In the request  for annulment or revocation of the trademark was submitted t o the competent 
authority after the request for the protection of the trademark  from infringement in the sense  
of Art. 55 to 59 of this law, the competent court, assessing all the circumstances  of the case, 21 
 in accordance with the regulations governing the civil and enforcement proceedings, will make 
a decision whether to stop the trademark protection proceedings and under what conditions.”  
 
Article 46 
 
Articles 62b shall be amended to read as follows:  
 
Inspection Supervision Procedure  
Article 62b  
 
The law governing inspection supervision shall apply to issues of inspection supervision that 
are not specifically regulated by this Law.  
The inspection supervision procedure shall be initiated ex officio or upon a written request for 
protection of the trademark from damage (hereinafter: request for protection) which may be 
filed by the trademark holder or  a person authorized by him in accordance with general 
regulations on representation and the license assignee to the extent to which he has acquired the right to use the trademark, under the conditions and in the manner prescribed by Article 
59b paragraphs  2 to 4 of this Law (hereinafter: the applicant).  
The request for protection can be individual, when it refers to a certain type and quantity of 
goods, or general, when it refers to all quantities of certain goods for a certain period of time.  
The request for protection shall have to contain data on the basis of which the goods that 
infringe the trademark can be identified and proof that the applicant is one of the persons 
referred to in paragraph 2 of this Article, and if it is a general request, the time period to which 
the request relates.  
The applicant for protection may also submit:  
1) details on the basis of which the consignment or packaging can be identified;  
2) information on the place where the goods are located, or the intended destination;  
3) name of the manufacturer, importer, owner or holder of the goods;  
4) information on the expected date of delivery or dispatch of goods;  
5) information on the means of transport;  
6) sample of goods, photographs, etc.  
The competent inspector shall, within three days from the day of receipt of a valid request for protection, inform the applicant about the receipt of that request.  
The competent inspector shall inform the applicant in writing about the performed supervision upon the request for protection and any measures taken, within three days from the day of the 
performed supervision.  
If the request for protection proposes urgent measures and if the request for protection 
contains sufficient information on the delivery of goods for which there is a reasonable 
suspicion that it  violates the trademark, the competent inspector shall, within three days from 
receiving a valid request for protection inform the applicant about the performed supervision 
and any measures taken.  
The applicant shall inform the competent inspector about the termination of the right to a 
trademark, if that right ceases during the procedure upon request.  
 
Article 47 
 
Articles 62c shall be amended to read as follows:  22 
  
 
Security, costs of procedure, compensation for damage and destruction of 
temporarily seized goods 
Article 62c  
 When in the procedure of inspection supervision, it is assessed that the trademark had been 
damaged in the production or trade of goods, the competent inspector shall be authorized to:  
1) temporarily prohibit the producti on or performance of activities;  
2) temporarily confiscate the goods.  
In case of taking measures from paragraph 1 of this Article, the competent inspector shall 
immediately, and no later than two days from the day of taking measures, inform the applicant 
in writing that they can initiate trademark protection procedure before the competent court and 
the applicant shall, no later than 15 days from the day of receipt of the notification, inform the competent inspector about the initiated procedure before the competent court or a certain 
temporary measure.   
The notification referred to in paragraph 2 of this Article shall contain information on the name 
or address, or name or headquarters of the person from whom the goods were seized, and 
preferably on the personal name and address of the owner, importer and manufacturer of 
seized goods, as well as information on quantity and type of the goods and other data of 
importance.  
If the competent inspector assesses that, given the circumstances of the case, it is j ustified, 
he may, in the procedure initiated on the request for protection, condition the determination of the measures referred to in paragraph 1 of this Article by providing appropriate security to the applicant for the purpose of compensation of storage costs for temporarily seized goods or 
damage resulting from the applicant's omission or unjustified seizure of items.  
The costs of the procedure initiated upon the request for protection, which ended favorably for the subject of supervision, shall be borne by the applicant, otherwise they shall be borne by the subject of supervision.  
The competent inspector shall not be responsible for compensation for damage caused by 
unjustified temporary confiscation of goods upon the request for protection.  
If it is de termined in the procedure that the goods were confiscated unjustifiably upon the 
request for protection, the applicant shall compensate the owner of the goods, or the person 
from whom the goods were confiscated, for the damage caused by the temporary confi scation 
of goods.  
Temporarily confiscated goods shall be returned to the person from whom they were confiscated if:  
1) the applicant, within the period referred to in paragraph 2 of this Article, fails to submit to the competent inspector proof of the initiat ed procedure before the competent court 
or a certain temporary measure;  
2) the procedure was initiated before the competent court, and the court did not order a 
temporary measure banning the production and trade of goods.  
At the request of the applicant or the person from whom the goods were confiscated, the 
competent inspector shall enable the taking of samples of goods in the amount required as 
evidence in the procedure before the competent court.  
The competent inspector may destroy temporarily seized goods:  
1) by a court order, or  23 
 2) ex officio, if the owner, or the person from whom the goods were temporarily 
confiscated, is not available to the competent inspector 30 days from the day of confiscation of goods.  
The competent inspector may also destroy temporarily confiscated goods if:  
1) the applicant, within three days from the date of receipt of the notification on the obligation to initiate procedure with the competent court referred to in Article 62c paragraph 2 of this Law, notifies the competent inspector in wri ting that there is a 
reasonable suspicion that the right to a trademark has been violated, proposes the 
destruction of the goods in question and that he will not initiate procedure before the 
competent court, and  
2) the person from whom the goods were temporarily confiscated agrees with the 
proposal of the applicant to destroy the goods, or if that person does not file a 
complaint to the competent inspector on the proposal of the applicant to destroy the 
goods within three days from the day of receiving notifi cation  of the competent 
inspector on the submission of the proposal from item 1 of this paragraph.  
If the person from whom the goods were temporarily confiscated has filed a complaint to the 
applicant's proposal for destruction of goods, or if that person  has not given consent for the 
destruction of goods, the competent inspector shall immediately notify the applicant.  
If the person from whom the goods were confiscated did not file a complaint to the applicant's 
proposal for destruction of goods or if the  person did not give consent for destruction of goods 
within the period referred to in paragraph 11 item 2 of this Article, the competent inspector 
may consider  that the person from whom the goods were confiscated agrees with the 
destruction.  
The costs of destruction of temporarily confiscated goods shall be borne by the person from 
whom the goods were confiscated.  
 
Article 48 
 
In Article 62d, paragraph 1,  in the end of  item 4,  fullstop is replaced by  semi – colon and two 
new items shall be added to read as follows:  
5) using the sign as a trade name or the name of a company or part of a trade name, or part of the name of a company (Article 11, paragraph 1, item 5);  
6) using the sign in comparative advertising in a manner con trary to the regulations on 
misleading and comparative advertising (Article 11, paragraph 1, item 6).  
 
Article 4 9 
 
After Article 63, a new article shall be added to read as follows:  
 
„Initiated procedures  for annulment and revocation of a trademark  
 
Article 63a  
   
Procedures for annulment and revocation of a trademark initiated to the day this Law enters 
into force shall be terminated in accordance with the Law on Trademarks (“Official Gazette of 
Monteneg ro”, No. 72/10, 44/12, 18/14, 40/16 and 2/17).  
 
 24 
  
Article 50 
 
In Article 65a, the words: “Provision of Article 15, paragraph 2” shall be replaced by the words: 
“Provisions of Article 6, paragraph 1, items 13 and 14 and Article 15, paragraph 2.”  
 
Article 51 
 
Article 65b shall be amended to read as follows:  
From the day of Montenegro's accession to the European Union:  
1) the following shall be considered an earlier trademark referred to in Article 7, 
paragraph 1 of this Law:  
a) the European Union trademar k and the European Union trademark application,  
b) the European Union trademark for which seniority is required, in relation to the 
trademarks referred to in Article 7, paragraph 2, items 1 and 2 of this Law, and 
in case the later trademark has been the subject of renunciation or was allowed to expire;  
2) the registered trademark identical or similar to the earlier European Union trademark 
shall not be registered, regardless of whether the goods or services for which 
registration is requested are identical, simil ar or not similar to goods or services for 
which the earlier European Union trademark was registered when that earlier 
trademark has a reputation in the European Union even if the use of the later 
trademark without good reason would unfairly exploit or dam age the distinctive 
character or reputation of the earlier European Union trademark;  
3) a national trademark shall mean a trademark registered in the procedure before the competent authority in accordance with the provisions of this Law;  
4) national trademark application shall be an application for trademark registration 
submitted to the competent authority in accordance with the provisions of this Law;  
5) European Union trademarks applications filed before the day of Montenegro's 
accession to the European Union and European Union trademarks acquired before 
the date of Montenegro's accession to the European Union shall have effect on the territory of Montenegro;  
6) no complaint to the registration of a national trademark shall be accepted, and a national trademark cannot be annulled because it conflicts with an earlier European 
Union trademark if the holder of the earlier European Union trademark did not actually use the European Union trademark in the European Union in relation to goods or services for wh ich it is registered or if it ceased to be used for a continuous period of 
five years, unless there are justified reasons for non- use; 
7) if, in accordance with the European Union Trademark Regulation, for the European Union trademark a seniority of a national trademark registration is required or an international trademark registration having effect in Montenegro, which the holder has 
renounced or allowed to expire, annulment or revocation of the trademark  that is the 
basis of seniority requirements may be de termined subsequently in accordance with 
this Law, provided that the annulment and revocation could have been declared at 
the moment when the renunciation of the trademark occurred or its expiration, in 
which case the seniority shall cease to produce legal  effect;  25 
 8) the data that the seniority of the European Union trademark has been requested in 
relation to the nationally registered trademark shall be entered in the register of 
trademarks, as well as the data that the seniority has ceased to produce effect;  
9) the seniority of the national trademark in relation to the European Union trademark 
shall be recognized if:  
a) the national trademark was acquired before the date of accession of Montenegro 
to the European Union, and 
b) the national trademark has priority over t he European Union trademark for which 
seniority is required;  
10) the competent authority shall, acting upon the request for conversion of European Union trademark applications or European Union trademark into a national trademark 
application forwarded to the c ompetent authority by the European Union Intellectual 
Property Office, conduct the trademark registration procedure in accordance with the 
provisions of this Law;  
11) upon receipt of the request referred to in item 10 of this paragraph, the competent 
authorit y shall invite the applicant to submit a translation of the European Union 
trademark application into Montenegrin within 60 days from the day of receipt of the invitation;  
12) if the conditions referred to in item 11 of this paragraph are met, and the conversi on 
of a registered European Union trademark into a national application is requested, 
the competent authority shall enter such trademark in the trademark registrar, 
provided that the applicant has paid the prescribed administrative fees and costs of 
procedure for the maintenance of the trademark in value during the first ten -year 
period and for the publication of trademark data;  
13) if the conditions from item 11 of this paragraph are met, and the conversion of the 
European Union trademark application into a national application is requested, the 
competent authority shall conduct the national trademark registration procedure provided that the applicant has paid the prescribed administrative fees and costs of the procedure;  
14) the holder of a national trademark acquired before the date of accession of 
Montenegro to the European Union, or acquired on the basis of a national trademark application submitted before the date of accession of Montenegro to the European Union, may, by a lawsuit, request a ban on the use of the European Union trademark in Montenegro which in accordance with item 5 of this paragraph has effect on the 
territory of Montenegro, if the use of the European Union trademark is contrary to the 
use of the national trademark, where the holder has to prove that the European Union 
trademark is contrary to the national trademark;  
15) the provisions on legal protection in the event of infringement of a national trademark shall apply accordingly to legal protection in the event of infringement of a European 
Union trademark;  
16) in infringement procedures, the trademark holder shall not be authorized to request 
prohibition of use of a later registered European Union trademark if the later 
trademark would not be annulled in accordance with Article 60 paragraphs 1, 3 or 4, 
Article 61 paragraphs 1 or 2 or Article 64 paragraph 2 of the Regulation on the 
European Union Trademark in which case the provisions of Article 16 paragraph 2 of 
this Law shall apply;  26 
 17) The Commercial Court shall be the competent court for deciding in the first instance 
in disputes regarding the trademark of the European Union, in accordance with the 
law regulating the establishment, organization and jurisdiction of courts;  
18) The Court of Appeal shall be the competent court for deciding in the second instance 
in disputes regarding the trademark of the European Union, in accordance with the 
law regulating the establishment, organization and jurisdiction of courts.  
    
Article 52 
 
This Law shall enter into force on the eighth day from the day of its publication in the “Official 
Gazette of Montenegro”.