IP/N/1/MNE/T/1/Add.2  
 
23 June 2014  
(14-3620)  Page: 1/15  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
MONTENEGRO  
 
Addendum 
 This document reproduces the text
1 of the Decree on Promulgation of the Law on Amendments to 
the Law on Trademarks, as notified by Montenegro on 12 June 2014 under Article 63.2 of the 
Agreement (see document IP/N/1/MNE/3). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
M
ONTÉNÉGRO  
 
Addendum 
 Le présent document contient le texte
1 du Décret de promulgation de la Loi portant modification de 
la Loi sur les marques, notifiée par le Monténégro le 12 juin 2014 au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/MNE/3). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
M
ONTENEGRO  
 
Addendum 
 En el presente documento se reproduce el texto
1 del Decreto de promulgación de la Ley por la que 
se modifica la Ley de Marcas de Fábrica o de Comercio, notificado por Montenegro el 12 de junio 
de 2014 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MNE/3).  
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/MNE/T/1/Add.2 
 
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  Pursuant to Article 95, item 3 of the Constitution of Montenegro, I hereby pass the  
  
DECREE 
ON PROMULGATION OF THE LAW ON AM ENDMENTS TO THE LAW ON TRADEMARKS   
  
I hereby promulgate the Law on Amendments to the Law on Trademarks, adopted by the 25
th 
Assembly of the Parliament of Montenegro, at the second sitting of the first regular (spring) session in 2014, held on 26
th March 2014. 
 
Number: 01-486/2 
Podgorica, 3rd April 2014 
 
The President of Montenegro, 
Filip Vujanovic , sgd.  
 
 
 
Pursuant to Article 82, paragraph 1, item 2 of the Constitution of Montenegro and 
Amendment IV, paragraph 1 to the Co nstitution of Montenegro, the 25th A s s e m b l y  o f  t h e  
Parliament of Montenegro, at the second sitting of the first regular (spring) session in 2014, held 
on 26th March 2014, adopted the 
 
 
LAW 
ON AMENDMENTS TO THE LAW ON TRADEMARKS 
 
 
This Law has been published in the "Official Gazette of 
Montenegro", No. 18/2014 from 11.04.2014. 
 
Article 1 
 
In the Law on Trademarks ("Official Gazette of Montenegro", No. 72/10 and 44/12), in 
Article 2, paragraph 2, after the word "represented" the following words shall be added: "and 
which is capable of distinguishing the goods or services of one legal or natural person from goods 
or services of another legal or natural person". 
In paragraph 3, after the word "drawings" a comma and the word "colours" shall be added. 
In paragraph 4, the word "and” shall be replaced by the word "or".  
 
Article 2 
 
In Article 6, paragraph 1, item 14 shall be deleted.  
In paragraph 2, the words: "paragraph 1, item s 2, 3 and 4" shall be replaced by words: 
"paragraph 1, items 2 to 5". 
 
Article 3 
 
In Article 7, paragraph 1, item 1, the words: "the same type of goods" shall be replaced by 
words: "identical goods". 
In paragraph 1, item 2 shall be amended to read as follows: "2) Should, because of the identity with, or sim ilarity to the earlier trademark and because of 
the identity or similarity with goods or services covered by the trademark, there exists a likelihood 
of confusion of the public, which includes a likelihood of association with the earlier trademark;" 
In paragraph 2, item 3 shall be amended to read as follows: 
"3) A trademark which is well known in Montenegro on the day of application for the 
registration or on the day of priority right, if the priority has been claimed, pursuant to Article 6bis 
of the Paris Convention." IP/N/1/MNE/T/1/Add.2 
 
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  Paragraph 4 shall be amended to read as follows:  
"In establishing whether the trademark referred to in paragraph 2, item 3 of this Article is well 
known in Montenegro pursuant to Article 6bis of the Paris Convention, the familiarity of the 
relevant part of the public with the trademark shall be taken into account, including their 
familiarity with the trademark as a consequence of trademark-related marketing activities." 
Paragraph 6 shall be amended to read as follows: "Based on an opposition a new trademark for which the registration application has been filed 
shall not be registered if such trademark is identical or similar to an earlier trademark, and the 
registration of goods or services has been sought which are not similar to goods or services for which  the earlier trademark has been registered, when this earlier trademark has a reputation in Montenegro and when the use of the later trademark without due cause would take unfair 
advantage of, or be detrimental to, the distinctive character or repute of the earlier trademark."  
 
Article 4 
 
In Article 8, paragraph 1 shall be amended to read as follows: "Based on an opposition of the trademark holder from a member state of the Paris Union for 
the protection of Industrial Property (hereinafter  referred to as: "Paris Union") or from a member 
state of the World Trade Organisation, a trademark cannot be registered in the name of its trade 
agent or representative without the consent of the trademark holder, unless the trade agent or representative justifies his/her action."  
Paragraph 4 shall be amended to read as follows: 
"Based on an opposition, a trademark shall not be registered if the trademark applicant acted 
unfairly at the time of filing."  
Article 5 
 
In Article 10, paragraph 2, item 3 shall be amended to read as follows: 
"3) Any sign which is identical with, or similar to, his/her trademark in relation to goods or 
services which are not similar to goods or services for which the trademark has been registered, where such trademark has a reputation in Montenegro and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the 
trademark." 
After paragraph 2, three new paragraphs shall be added to read as follows: "Rights arising from trademark shall produce effect on third parties from the date of publication 
of trademark registration.  
Notwithstanding paragraph 3 of this Article, the trademark holder shall be entitled to 
compensation of damage for actions taken after the date of publication of trademark application, 
and which shall be prohibited after publication of trademark registration.  
The Court can not decide on the request referred  to in paragraph 4 of this Article until the 
trademark registration is published." 
 
Article 6 
 
The title of Article 11 shall be amended to read as: "Use of a Trademark ". 
In paragraph 1, in the introductory sentence, after the word "prohibit" the following words 
shall be added: "or allow". 
In paragraph 1, item 2, after the word "or" the following words shall be added: "offering or".  
In paragraph 2, the word "sign" shall be replaced by the word "trademark".  
 
Article 7 
 
In Article 14, after paragraph 1, a new para graph shall be added to read as follows: 
"Using referred to in paragraph 1 of this Article shall be in accordance with good business 
customs and practice in industrial or trade activity." 
The present paragraph 2 shall become paragraph 3. 
 IP/N/1/MNE/T/1/Add.2 
 
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  Article 8 
 
Article 15 shall be amended to read as follows: "Putting on the market of goods that are marked  with a trademark by the trademark holder or 
with his/her explicit consent, in the territory of Montenegro, shall exhaust the exclusive rights 
arising from the trademark in relation to those goods, unless there are legitimate reasons based 
on which the trademark holder retains the ex clusive rights arising from the trademark. 
Putting on the market of goods that are marked with a trademark by the trademark holder or 
with his/her explicit consent, in the territory of  some of the countries of the European Union or 
countries that are Parties to the Agreement on European Economic Area, shall exhaust the exclusive rights arising from the trademark in relation to those goods, unless there are legitimate 
reasons based on which the trademark holder retains the exclusive rights arising from the 
trademark.  
A legitimate reason referred to in paragraphs 1 and 2 of this Article shall be considered 
especially to be changed or impaired condition of  the goods after their putting on the market."  
 
Article 9 
 
In Article 17, paragraph 1 shall be amended to read as follows: "Should the trademark holder failed to actually use the trademark for goods or services for 
which such trademark has been registered within a period of five years following the trademark 
registration or if such use has been suspended during an uninterrupted period of five years, the 
provisions of Articles 33, 33a, 53 and 54 of this Law shall apply, unless justified reasons exist for 
non-use."  
 
Article 10 
 
Article 21 shall be amended to read as follows: 
 
"Application Division 
 
Article 21 
 
The application specifying several types of goods or services (hereinafter referred to as: "the 
initial application") may, at the request of the applicant, be divided into two or more 
applications, before the trademark is entered into the Register, by dividing the list of goods or 
services.  
The divided applications shall preserve the filing date of the initial application and its priority 
date, if the priority right has been claimed.  
Data on divided trademark applications shall be entered into the application records and 
published in the Official Gazette if the initial application has been published.  
The content of the request referred to in paragr aph 1 of this Article and the documentation to 
be submitted with the request shall be prescribed by the Ministry."  
 
Article 11 
 
In Article 28, after paragraph 4, two new paragraphs shall be added to read as follows: 
"Should the applicant fail to submit his/her observations about the existence of grounds for 
refusing the registration referred to in Article 6 of this Law, within the time period referred to in paragraphs 3 and 4 of this Article, in relation to all the goods or services for which registration is sought, or fail to dispute the grounds for refusing the registration in his/her observations, the 
competent authority shall render a decision refusing the application for registration in whole. 
Should the applicant fail to submit his/her observations about the existence of grounds   for 
partial refusing of the registration referred to in Article 6 of this Law, within the time period 
referred to in paragraphs 3 and 4 of this Article, or should the competent authority, after receiving 
the observations about the grounds for refusing the registration in relation to all the goods or services, determine that the sign does not meet th e requirements for registration in relation to 
certain goods or services, it shall render a decision refusing the application for registration 
partially."  
 IP/N/1/MNE/T/1/Add.2 
 
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  Article 12 
 
In Article 29, after paragraph 1, a new para graph shall be added to read as follows: 
"If the application for the registration of a trad emark has been partially refused, the data from 
the application in relation to goods or services for which the registration may be approved shall be 
published after the final decision referred to  in Article 28, paragraph 6 of this Law." 
The present paragraph 2 shall become paragraph 3.  
 
Article 13 
 
Article 33 shall be amended to read as follows: 
 
"Review of the Opposition 
 
Article 33 
 
Should the applicant submit his/her observations regarding the opposition within a time 
period referred to in Article 32, paragraph 3 of this Law, the competent authority shall assess the 
validity of the reasons stated in the opposition and in the applicant’s observations.  
The holder of the earlier trademark who has been registered for at least five years at the day 
of publication of the application, and who has opposed the trademark registration, shall be 
obliged, at the request of the applicant:  
1) to prove that during a period of five years prior to the date of publication of the 
application he/she has been actually using the trademark in Montenegro in accordance with 
Article 17 of this Law for goods or services for which it has been registered and which he/she 
states as the reason for an opposition, or 
2) to offer proof of justified reasons for not using the trademark.  
Should the holder of the earlier trademark fail to prove the use of the trademark referred to in 
paragraph 2, item 1 of this Article or should he/she fail to offer proof referred to in paragraph 2, item 2 of this Article, the competent authority shall render a decision refusing the opposition. 
If the earlier trademark has been used only for some goods or services for which it has been 
registered, it shall be considered, in the course of the opposition procedure, that such trademark 
has been registered only for those particular goods or services."  
 
Article 14 
 
After Article 33, a new Article shall be added to read as follows: 
 
"Merits of the Opposition 
 
Article 33a 
 
Should the competent authority, in the course of the opposition procedure, determine that the 
opposition is without merits, it shall render a decision refusing the opposition.   
Should the competent authority, in the course of the opposition procedure, determine that 
the opposition has merits, it shall render a decision refusing the trademark registration of the published application, either entirely or in part for certain goods and/or services. 
The competent authority shall forward the decision referred to in Article 33, paragraph 3 of this 
Law and paragraphs 1 and 2 of this Article to the applicant and to the opponent.  
The decision referred to in paragraph 2 of this Article shall be subject to an appeal which can 
be filed with the Ministry. 
Should the applicant fail to submit his/her observations within a prescribed time period, the 
requested trademark registration shall be refused within the limits of the requests stated in the opposition.  
The competent authority may, in the course of the opposition procedure, set an oral hearing." 
 
Article 15 
 
In Article 34, paragraph 1, after the word "proceedings" the following words shall be added: "if 
due to such failure the loss of rights from the trademark application or trademark rights have come into effect".  IP/N/1/MNE/T/1/Add.2 
 
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  In paragraph 3, after the words: "continuation of the procedure" a comma and the following 
words shall be deleted: "if the loss of right has not come into effect". 
 
Article 16 
 
In Article 37, paragraph 1 shall be amended to read as follows: "At the request of the trademark holder, the changes related to the change of the name and 
address of the trademark holder, alteration of the list of goods or services, correcting of errors in 
the text or copy or correcting of other obvious error shall be entered into the Register."  
After paragraph 4, two new paragraphs shall be added to read as follows:  "The provisions of paragraphs 1 to 4 of this Article shall also apply to entry of changes in the 
application for the registration of a trademark.  
If the application has been published, the changes made by entering into the application 
records shall be published in the Official Gazette." 
 
Article 17 
 
Article 51 shall be amended to read as follows: 
 
"Annulment of the Trademark 
 
Article 51 
 
If the trademark has been registered contrary to the provisions of Articles 6 to 8 of this Law, 
the competent court may annul the registered trademark in whole or in part.  
The claim for annulment of the registered trademark may be filed for the entire duration of the 
trademark right, as well as after the expiration of the right duration. 
In cases of trademark registration contrary to Article 6 of this Law, the claim may be filed by 
any interested party, the State Prosecutor and the competent authority ex officio .  
In cases of trademark registration contrary to Article 7 of this Law, the claim may be filed by 
the holder of the earlier trademark.  
In cases of trademark registration contrary to Article 8 of this Law, the claim may be filed by 
the person whose right has been infringed. 
When the trademark has been registered contrary to Article 6 of this Law, the trademark shall 
be annulled if the grounds for annulment exist at the time of rendering of the decision on the 
trademark annulment."  
Article 18 
 
After Article 51, a new Article shall be added to read as follows:  
"Annulment of the Collective Trademark   
 
Article 51a 
 
The competent court may annul the registered collective trademark for the reasons set forth in 
Article 51, paragraph 1 of this Law, as well as in the case when amendments to the general act on 
collective trademark use are contrary to Article 47 of this Law.  
 The claim for annulment of the collective trademark referred to in paragraph 1 of this Article 
may be filed by any interested party, the State Prosecutor and the competent authority ex officio ."  
 IP/N/1/MNE/T/1/Add.2 
 
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  Article 19 
 
Article 52 shall be amended to read as follows:  
"Additional Conditions 
 
Article 52 
 
When the trademark has been registered contrary to Article 6, paragraph 1, items 2 to 5 of 
this Law, the trademark may be annulled only if the claim for annulment has been filed within ten years from the date of trademark registration. 
When the trademark has been registered contrary to Article 6, paragraph 1, items 2 to 5 of 
this Law, the trademark shall not be annulled if the trademark holder proves that the trademark has, after registration and due to its use, acquired  a distinctive character in relation to goods or 
services for which it has been registered.  
The trademark may not be annulled on the basis of an earlier trademark which has not 
acquired a reputation in Montenegro in accordance with this Law until the priority date of the later 
trademark. 
The trademark may not be annulled because it conflicts with an earlier trademark, if the earlier 
trademark does not meet the requirements referred to in Article 17 of this Law and if the earlier trademark has been registered for at least five years on the date of filing of the claim for 
annulment of the trademark.  
If the earlier trademark referred to in paragraph 4 of this Article has been used only in relation 
to the part of the goods or services for which it has been registered, it shall be considered for the 
needs of the examination of the claim for annulment  of the trademark that it has been registered 
only for that part of the goods or services. 
When the reasons for annulment of the trademark exist in relation to only some goods or 
services for which the trademark has been registered, the trademark annulment shall include only 
those goods or services." 
 
Article 20 
 
After Article 52, a new Article shall be added to read as follows:  
"Submission of Verdict 
 
Article 52a 
 
The court shall be obliged to submit the final verdict by which it has annulled the trademark in 
whole or in part to the competent authority and the parties to the proceedings, without delay. 
The competent authority shall enter in the Register and publish in the Official Gazette the 
declaration of invalidity of the trademark." 
 
Article 21 
 
Article 53 shall be amended to read as follows:  
"Revocation of Trademark  
 
Article 53 
 
The competent court may render a decision on the revocation of the registered trademark, in 
whole or in part, if the holder of the trademark or a person authorised by him/her has, for an uninterrupted period of five years from the date of registration, i.e. the date when the 
trademark has been last used, without a justified reason, in accordance with Article 17 of this Law 
failed to actually use the trademark in Montenegro for goods or services for which such trademark has been registered.   
The competent court shall reject the claim for revocation of the trademark, if the use of the 
trademark has begun or has continued following the expiry of an uninterrupted five-year  period of non-use of the trademark and prior to the submission of a claim for revocation of the trademark, except if the commencement or continuation of use of the trademark has occurred after the 
holder of the trademark has become aware that a claim for the revocation of his/her trademark is IP/N/1/MNE/T/1/Add.2 
 
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  going to be submitted and if the use has begun or has continued within a period of three 
months prior to the submission of a claim for the revocation. 
The competent court may render a decision on the revocation of the registered trademark, in 
whole or in part and, if such trademark after the date of registration due to:  
1) acts or omissions of the trademark holder has become an ordinary term in trade for goods 
or services for which it has been registered;  
2) use by the trademark holder or with his consent for goods or services for which it has been 
registered may mislead the public, in particular re garding the type, quality and geographical origin 
of the goods or services."  
 
Article 22 
 
Article 54 shall be amended to read as follows:  
"Claim and Decision on Claim 
  
Article 54 
 
Any interested party may file a claim for revocation of the registered trademark.  When the reasons for revocation of the register ed trademark exist in relation to only some 
goods or services for which the trademark has been  registered, the decision on the revocation of 
the registered trademark shall include only those goods or services. 
The court shall be obliged to submit the final verdict by which it has revoked the trademark in 
whole or in part to the competent authority and the parties to the proceedings, without delay. 
The competent authority shall enter in the Register and publish in the Official Gazette the 
revocation of the registered trademark." 
 
Article 23 
 
Article 55 shall be amended to read as follows:  
"Claim for Establishing and Claim for Termination of the Trademark  Infringement   
 
Article 55 
 
The trademark holder may request by a claim at the competent court establishing of the 
trademark  infringement against a person who has infringed the trademark by unauthorised 
exercise of any of the activities referred to in Articles 10 and 11 of this Law.  
The trademark holder may request by a claim against the person referred to in paragraph 1 of 
this Article termination of the infringement and prohibition of such or similar infringement in the future, under the threat of payment of fine. 
Against a person who has, by exercise of an activity, caused a serious danger to the trademark 
to be infringed within the meaning of Articles 10 and 11 of this Law, the trademark holder may 
request by a claim cessation of such activity and prohibition of trademark infringement, under the 
threat of payment of fine.  
Claims referred to in paragraphs 1, 2 and 3 of this Article may also be filed against a person 
who, in carrying out his/her economic activity, provides services that are used in activities which 
infringe the trademark, i.e. which threaten the trademark infringement. 
Claims referred to in paragraphs 1 and 2 of this Article may be filed within five years from the 
date of trademark infringement.   
If the plaintiff proves that the person referre d to in paragraph 1 of this Article has acted 
intentionally, the claims referred to in paragraphs 1 and 2 of this Article ma y be filed for the entire 
duration of trademark protection. 
The claim referred to in paragraph 3 of this Article may be filed within five years from the date 
of undertaking of activity  which threatens the trademark infringement." 
 IP/N/1/MNE/T/1/Add.2 
 
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  Article 24 
 
After Article 55, three new Articles shall be added to read as follows:  
"Claim for Seizure and Destruction of Objects  
 
Article 55a 
 
Against a person who has infringed the trademark by unauthorised exercise of any of the 
activities referred to in Articles 10 and 11 of this Law, the trademark holder may request by a claim removal from trade, seizure or destruction of products which infringe trademark . 
The trademark holder may also request the measure referred to in paragraph 1 of this Article 
in relation to tools, equipment and other object s used only for manufacturing or creating the 
products which infringe trademark. 
The court shall impose measures referred to in paragraphs 1 and 2 of this Article at the 
expense of the defendant, unless there are particular reasons not to decide so. 
When imposing measures referred to in paragraphs  1 and 2 of this Article, the court shall take 
into account all the circumstances of the case, in particular that they are proportionate to the 
nature and intensity of the infringement, as well as the interests of third parties. 
The claims referred to in paragraphs 1 and 2 of this Article may be filed within five years from 
the date of infringement.  
 
Claim for Compensation of Damage, Usual Compensation 
and Return of without Meri ts Acquired Benefits  
 
Article 55b 
 
The trademark holder may request compensation of damage by a claim from the person who 
has caused him/her damage by unauthorised exercise of any of the activities referred to in Articles 10 and 11 of this Law, according to the general rules on compensation of damage 
stipulated by the law governing obligatory relations.  
Instead of the request for compensation of damage  referred to in paragraph 1 of this Article, 
when the circumstances of the case justify that and if the defendant acted without authorisation, the trademark holder may request by a claim the payment of compensation in an amount which, 
under the circumstances, he/she could request on the basis of a license agreement, if it has been 
concluded.  
If he/she proves that the defendant acted inte ntionally or by gross negligence, the trademark 
holder may request by a claim the triple amount of compensation referred to in paragraph 2 of this 
Article. 
Against a person who has infringed the trademark and thus acquired some benefit without 
merits in a legal transaction or in the law by undertaking any of the activities referred to in 
Articles 10 and 11 of this Law, the trademark holder may, regardless of the defendant's guilt, 
request by a claim the return or compensation of values of acquired benefits according to the general rules on acquisition without merits, in accordance with the law governing obligatory 
relations. 
The claims referred to in paragraphs 1 and 4 of  this Article may be filed within the periods 
stipulated by the law governing obligatory relations. 
The claims referred to in paragraphs 2 and 3 of  this Article may be filed within three years 
from the date the plaintiff became aware of the infringement and the offender, i.e. no later than within five years from the date of infringement.   
 
Request for Publication of Verdict 
 
Article 55c 
 
In cases referred to in Articles 55, 55a and 55b of this Law, the trademark holder may request 
the final verdict, by which the claim has been appr oved in part or in whole, to be published in 
printed or electronic media at the expense of the defendant.  
The court shall, within the limits of the claim, decide in which media the verdict will be 
published, as well as on the scope of the pub lication (in whole or in part) of the verdict.  
If the court decides that only a part of the ve rdict should be published, it shall determine, 
within the limits of the claim, that at least the operative part should be published and, if IP/N/1/MNE/T/1/Add.2 
 
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  necessary, part of the verdict from which the type of infringement and the person who has 
infringed the trademark can be seen." 
 
Article 25 
 
Article 56 shall be amended to read as follows:  
"Provisional Measures for Trademark Infringement 
 
Article 56 
 
At the request of the trademark holder who ma kes it probable that the trademark has been 
infringed or that there is imminent threat of trademark infringement, the court shall impose a provisional measure giving the order to: 
1) the opponent of the securing to cease or desist from acting that infringes the trademark 
and, if necessary, the court shall also give the sa me order to the intermediary whose services are 
used by third parties in order to infringe the trademark; 
2) temporary seize from the opponent of the se curing or the intermediary or remove from 
trade products which infringe trademark, i.e. tools, equipment and other objects used only for manufacturing or creating the products which infringe trademark. 
At the request of the trademark holder who ma kes it probable that the trademark has been 
infringed when carrying out economic activity in order to obtain commercial or economic benefit 
and that there is a threat of irreparable damage to him/her due to such infringement, in addition 
to the provisional measures referred to in paragraph 1 of this Article, the court may order: 
1) seizure of movable and immovable objects owned by the opponent of the securing that are 
not directly related to the infringement; 
2) prohibition on disposal of assets at financial institutions and disposal of other assets of the 
opponent of the securing. 
For imposing and enforcement of provisional measures referred to in paragraph 2 of this 
Article, the court may order the opponent of th e securing or other person who disposes the 
banking, financial and other economic data to submit these data and provide access to other 
necessary data and documents.  
The court shall be obliged to protect the confid entiality of data and documents referred to in 
paragraph 3 of this Article and prohibit any misuse thereof." 
 
Article 26 
 
After Article 56, a new Article shall be added to read as follows: 
 
"Imposing Provisional Measures without Notice 
 
Article 56a 
 
"The court may impose provisional measures referred to in Article 56, paragraph 1 of this Law 
without notifying the opponent of the securing if the trademark holder makes it probable that 
otherwise provisional measure will not be effective or that there is a threat of irreparable damage.  
The court may also impose provisional measures referred to in Article 56, paragraph 2 of this 
Law without notifying the opponent of the securing if the trademark holder makes it probable that 
the provisional measure will not be effective or that, given the particularly difficult circumstances of the infringement, these measures are necessary.  
In cases referred to in paragraphs 1 and 2 of this Article, the court shall deliver a decision on 
provisional measure to the opponent of the securing immediately upon its execution.  
If the claim has not been filed, the deadline for filing the claim in order to justify the 
provisional measure may not be longer than 20 working days, i.e. 31 calendar days from the date 
of submission of the decision on imposing th e provisional measure to the trademark holder, 
depending on which period expires later. 
The provisions of Article 56 of this Law and this Article shall not exclude the possibility of 
imposing provisional measures in accordance with the provisions of this Law and the law governing 
enforcement proceedings." 
 IP/N/1/MNE/T/1/Add.2 
 
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  Article 27 
 
Article 57 shall be amended to read as follows:  
"Provisional Measures for Securing of Evidence  
 
Article 57 
 
At the request of the trademark holder who ma kes it probable that the trademark has been 
infringed or that there is imminent threat of trademark infringement, the court may impose a provisional measure for securing of evidence, and in particular it may order: 
1) to the opponent of the securing to give a detailed description of the objects for which the 
trademark holder makes it probable that they perform infringement of the trademark, with or without taking samples of these objects;  
2) seizure of the objects for which the trademar k holder makes it probable that they perform 
infringement of the trademark; 
3) seizure of products, tools, equipment an d other objects used for manufacturing and 
distribution of objects for which the trademark holder makes it probable that they perform 
infringement of the trademark, as well as business documents relating thereto.  
The court may impose provisional measures referred to in paragraph 1 of this Article in cases 
of emergency and without notifying the opponent of the securing if the trademark holder makes it 
probable that otherwise provisional measure will not be effective or that there is a threat of 
irreparable damage.  
In cases referred to in paragraph 2 of this Article, the court shall deliver a decision on the 
provisional measure to the opponent of the securing immediately upon its execution. 
If the claim has not been filed, the deadline for filing the claim in order to justify the 
provisional measure may not be longer than 20 working days, i.e. 31 calendar days from the date 
of submission of the decision on imposing th e provisional measure to the trademark holder, 
whereby the deadline for filing the claim sh all be the period which expires later.  
The provisions of paragraphs 1 to 4 of this Arti cle shall not exclude the possibility of imposing 
provisional measures in accordance with the provisions of this Law and the law governing 
enforcement proceedings, as well as the measures for securing of evidence in accordance with the 
law governing civil proceedings."  
 
Article 28 
 
Article 58 shall be amended to read as follows: 
 
"Securing of Evidence in Civil Proceedings 
 
Article 58 
 
When one party in litigation for protection of trademark against infringement in accordance 
with Articles 55 to 59b of this Law refers to certain evidence, claiming that it is with the other 
party or under his/her control, the court shall invite that party to submit such evidence within a 
specified time period.  
When the trademark holder, as a plaintiff in the claim for protection of trademark against 
infringement in accordance with Articles 55 to 59b of this Law, makes it probable that the 
trademark infringement occurred when carrying out economic activity in order to obtain commercial or economic benefit, the court shall at  his/her request require from the defendant to 
provide banking, financial and similar business documents, papers and other evidence found at 
him/her or under his/her control, within a specified time period. 
When the party that has been requested to subm it evidence referred to in paragraphs 1 and 2 
of this Article denies that these evidences are in his/her possession or under his/her control, the 
court may, in order to establish this facts, present evidences.   
Regarding the rights of a party to withhold th e submission of evidence, the provisions on 
withholding the witnessing shall be applied in acco rdance with the law governing civil proceedings.  
The court shall, regarding all the circumstances, by its own belief, conclude of what importance 
is the occasion in which a party, having the evidence in possession or under control, does not want to comply with the court decision to submit eviden ce or, contrary to the court’s belief, denies that 
the evidence is in his/her possession or under his/her control."  
 IP/N/1/MNE/T/1/Add.2 
 
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  Article 29 
 
Article 59 shall be amended to read as follows:  
"Obligation to Provide Information 
 
Article 59 
 
The trademark holder, who initiated litigation to protect the trademark against infringement, 
may require the submission of data on the origin and distribution channels of products which infringe the trademark. 
The request referred to in paragraph 1 of this Article may be filed against:  
1) a defendant in civil proceedings referred to in paragraph 1 of this Article;  2) a person who, in carrying out his/her econ omic activity, possesses products for which the 
holder of rights makes it probable that they infringe the trademark; 
3) a person who, in carrying out his/her economic activity, provides services for which the 
holder of rights makes it probable that they infringe the trademark;  
4) a person who, in carrying out his/her economic activity, provides services that are used in 
activities for which the holder of rights makes it probable that they infringe the trademark;  
5) a person who has been, by the person referred to in items 1 to 4 of this paragraph, 
designated as a person involved in the manufacturing  or distribution of products or provision of  
services for which the holder of rights makes it  probable that they infringe the trademark.  
The request referred to in paragraph 1 may be filed as a request in civil proceedings, claim or 
request for imposing provisional measure.   
The request referred to in paragraph 1 of this Article shall in particular contain the following 
information:  
1) names, i.e. titles and addresses of manuf acturers and distributors, suppliers and other 
previous holders of goods, as well as wholesaler s and retailers to which these goods are intended;  
2) quantities of produced, manufactured, delivered, received or ordered products, as well as 
the prices obtained for these products.  
A person, against whom the request referred to in  paragraph 1 of this Article has been filed, 
may refuse to submit the data for reasons from which according to the provisions of the law 
governing civil proceedings this person may refuse to testify.   
If the person, against whom the request referred to in paragraph 1 of this Article has been 
filed, refuses to provide information without a legitimate reason, he/she shall be liable for damage 
in accordance with the law governing obligatory relations.  
The provisions of this Article shall not exclude th e application of Articles 57 and 58 of this Law, 
regulations on the use of classified information in civil and criminal proceedings, regulations 
governing liability for misuse of the right to obtain information, as well as the application of regulations governing processing and protection of personal data."   
 
Article 30 
 
After Article 59, four new Articles shall be added to read as follows: 
 
"Alternative Measures 
 
Article 59a 
 
At the request of the defendant in civil proceedings referred to in Articles 55 to 59 and 
Article 59b of this Law who proves that he/she has not been acting intentionally, the court may 
impose, instead of the measure requested by th e trademark holder, the payment of monetary 
compensation to the holder of the trademark, if the execution of that measure to the defendant would cause disproportionate harm and if monetary compensation, considering all the 
circumstances of the case, may be considered a reasonable and satisfactory compensation for the 
trademark infringement.   
 IP/N/1/MNE/T/1/Add.2 
 
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  Persons Authorised to Submit Requests for the Protection of Rights 
 
Article 59b 
  
Besides the trademark holder, i.e. a person authorised by him/her in accordance with the 
general regulations on representation, the protection of trademark against infringement in accordance with Articles 55 to 59 of this Law may be required by the holder of an exclusive license 
to the extent to which he/she has acquired the right to use the trademark, as well as by the 
professional organisation for the protection of the rights which has the right to represent the holder of intellectual property rights in accordance with the law.   
Urgency and Application of Provisions  of Other Laws  
 
Article 59c 
 
Proceedings for infringement of rights referred to in Articles 55 to 59 of this Law shall be 
urgent.   
The law governing civil or enforcement proceedings shall be applied to proceedings for 
infringement of rights referred to in Articles 55 to 59 of this Law in all matters that are not regulated by this Law.  
Costs of proceedings referred to in Articles 55 to 59 of this Law shall be compensated in 
accordance with the law governing civil or enforcement proceedings.  
 
Filing a Claim for Annulment and Revocation of Trademark  
 
Article 59d 
 
Regarding proceedings initiated for the purpose of trademark protection in accordance with 
Articles 55 to 59 of this Law, the defendant may file a complaint for annulment and revocation of the trademark referred to in Articles 51 to 54 of this Law.  
In the case of filing claims for annulment and/or  revocation of the trademark, the court shall, 
having regard to all circumstances of the case and in accordance with the general regulations 
governing civil or enforcement proceedings, determine whether it shall suspend the proceedings of protection of the trademark from infringement and under which conditions, or whether it shall 
merge the proceedings for joint discussion." 
 
Article 31 
 
After Article 62, two new chapters and four new Articles shall be added to read as follows: 
 
"Xa. SUPERVISION 
 
Article 62a 
 
Supervision of the implementation of this Law an d regulations adopted on the basis of this Law 
shall be carried out by the Ministry. 
Inspection supervision of the implementation of this Law shall be carried out by the 
administrative authority responsible for inspection supervision tasks. 
 
Inspection Supervision Procedure 
 
Article 62b 
 
The law governing inspection supervision shall apply to matters of inspection supervision that 
are not specifically regulated by this Law.  
Inspection supervision procedure shall be initiated ex officio  or at the written request of the 
trademark holder (hereinafter referred to as the "request") or a person having his/her 
authorisation to submit the request on the basis of the general rules on representation. 
The request referred to in paragraph 2 of this Article may be individual, when it refers to a 
specific type and quantity of goods or general, when it refers to all quantities of specific goods for a specific time period.   IP/N/1/MNE/T/1/Add.2 
 
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  The request referred to in paragraph 2 of this Article shall contain data which can identify 
goods that infringe the trademark as well as evidence that the applicant is the trademark holder and, if it is a general request, also the time period to which the request refers.   
Securing, Costs of Proceedings and Compensation of Damage 
 
Article 62c 
 
When the competent inspector assesses in the inspection supervision procedure that there has 
been the trademark infringement, he/she shall be  o b l i g e d  t o  ta k e  a d m i n i s t r a t i v e  m e a s u r e s  a nd  
actions regulated by the law governing inspection supervision.  
If he/she assesses that it is justified given the circumstances of the case, the competent 
inspector may, in the proceedings initiated at the request, condition imposing of measures referred to in paragraph 1 of this Article by giving adeq uate securing of the applicant for the purpose of 
compensation of costs for storage of temporarily  seized goods or damage incurred due to the 
failure of the applicant or unjustified seizure of objects.  
The costs of the proceedings initiated at the request of the holder of rights which has been 
resolved in favour of the subject of supe rvision shall be borne by the applicant.  
The competent inspector shall not liable for compensation of damage incurred due to 
unjustified temporary seizure of goods at the request of the holder of rights.  
If it is determined in the proceedings that the goods have been unjustifiably seized at the 
request of the holder of rights, the applicant sh all be obliged to compensate the damage incurred 
due to temporary seizure of goods to the owner of  the goods or the person from whom the goods 
have been seized.  
 
Xb. PENALTY PROVISIONS 
 
Misdemeanours against Trademark   
 
Article 62d 
 
A fine ranging from EUR 1,500 to EUR 20,000 shall be imposed to a legal person which, 
without the permission of the trademark holder or other person authorised to give such permission: 
1) affixes a trademark to the goods, its pack aging or on means used for marking the goods 
(Article 11, paragraph 1, item 1); 
2) offers goods, puts them on the market, stock them for those purposes or offers or supplies 
services under the trademark (Article 11, paragraph 1, item 2); 
3) imports or exports the goods under the trademark (Article 11, paragraph 1, item 3); 4) uses the trademark on business papers or in advertising (Article 11, paragraph 1, item 4).  A fine ranging from EUR 500 to EUR 2,000 sha ll be imposed to a natural person and the 
responsible person in the legal person for the misdemeanour referred to in paragraph 1 of this 
Article. 
A fine ranging from EUR 1,300 to EUR 6,000 shall also be imposed to an entrepreneur for the 
misdemeanour referred to in paragraph 1 of this Article.   
Objects that have been intended or used only for infringement or that have been created by 
infringement referred to in paragraph 1 of this Article shall be seized and destroyed, regardless of 
whether they are property of the offender." 
 
Article 32 
 
After Article 65, a new Article shall be added to read as follows: 
 
"Deferred Application 
 
Article 65a 
 
The provision of Article 15, paragraph 2 of this Law shall be applied from the date of accession 
of Montenegro to the European Union".  IP/N/1/MNE/T/1/Add.2 
 
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  Cessation of Validity 
 
Article 33 
 
On the date of entry into force of this Law, Article 4, paragraph 1, item 5, Article 21 and 
Article 26, items 2 to 7 of the Law on Applicat ion of Regulations Governing the Protection of 
Intellectual Property Rights ("Official Gazette of RoM", No. 45/05) shall cease to be valid. 
 
 
Entry into Force 
 
Article 34 
 
This Law shall enter into force on the eighth day of its publication in the "Official Gazette of 
Montenegro". 
 Number: 07-2/13-1/4 
EPA 306 XXV 
Podgorica, 26th March 2014  
25th Assembly of the Parliament of Montenegro  
The President, 
Ranko Krivokapic , sgd. 
 
 
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