IP/N/1/MNE/T/1  
 
8 April 2013  
(13-1790)  Page: 1/21  
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  
This document reproduces the text1 of the Law on Trademarks, as notified by Montenegro on 
21 February 2013 under Article 63.2 of the Agreement (see document IP/N/1/MNE/1). 
 
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  
Le présent document contient le texte1 de la Loi sur les marques, notifiée par le Monténégro le 
21 février 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/MNE/1). 
 
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 
MONTENEGRO  
En el presente documento se reproduce el texto1 de la Ley de Marcas de Fábrica o de Comercio, 
notificado por Montenegro el 21 de febrero de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MNE/1).  
 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/MNE/T/1 
 
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  808. 
Pursuant to Article 95 item 3 of the Constitution of Montenegro I hereby pass 
THE DECREE 
ON THE PROMULGATION OF  
THE LAW ON TRADEMARKS 
 
I hereby promulgate the Law on Trademarks, passed by the Parliament of Montenegro in its 
24th convocation, at the second session of the second regular sitting in 2010, on 
30 November 2010.  No: 01-2492/2 
Podgorica 
6 December 2010  
President of Montenegro, 
Filip Vujanovi ć (sgd.) 
 
 Pursuant to Article 82 paragraph 1 item 2 and Article 91 paragraph 1 of the Constitution of 
Montenegro, the Parliament of Montenegro in its 24th convocation, at the second session of the second regular sitting in 2010, on 30 November 2010, has passed   
THE LAW ON TRADEMARKS 
 
("Official Gazette of Montenegro", No.72/10)  
 
 I. BASIC PROVISIONS  
Subject Matter 
 
Article 1 
 The present Law shall govern the registrati on procedure and the legal protection of 
trademarks.  
 
Definition of a Trademark 
 
Article 2 
 A trademark is the right that protects a mark used in the course of trade to distinguish 
goods and/or services of one natural or legal person from identical or similar goods and/or services 
of another natural or legal person. 
Any mark capable of being represented graphically may be protected by a trademark. A mark may consist of words, slogans, letters, numbers, images, drawings, combinations of 
colors, three-dimensional shapes, combinations of such marks, as well as musical phrases 
represented by musical notes, etc. 
A trademark may be an individual trademark and a collective trademark. 
Seals, stamps and hallmarks (official marks for marking precious metals, measurements and 
the like) shall not be considered tradem arks for the purposes of this Law. 
The nature of goods or services to which the trademark pertains shall not be an obstacle to 
trademark registration. 
 
Other Trademarks Effective in Montenegro 
 
Article 3 
 The following shall also ha ve effect in Montenegro: 
 1) an international trademark registration for the territory of Montenegro, under the Madrid 
Agreement Concerning the International Registration of Marks (hereinafter referred to as: the 
Madrid Agreement), and/or the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as: the Madrid Protocol); 
 2) a trademark which is well-known in Montenegro within the meaning of Article 6
bis of the 
Paris Convention for the Protection of Industrial Property (hereinafter referred to as: the Paris IP/N/1/MNE/T/1 
 
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  Convention) and Article 16 of the Agreement of Trade-Related Aspects of Intellectual Property 
Rights (TRIPS) with the World Trade Organization (WTO); 
3) Community Trade Mark registered with th e Office for Harmonization in the Internal 
Market which shall be effective following Mont enegro's accession to the European Union.  
 
Equality of Foreign and National Persons 
 
Article 4 
Foreign legal and natural persons shall enjoy th e same rights with respect to the trademark 
registration and legal protection in Montenegro as national legal and natural persons if such rights result from international treaties or the principle of reciprocity. 
The person claiming reciprocity referred to in paragraph 1 of the present Article shall be 
obliged to prove the existence of such reciprocity. 
In any proceedings before a competent authority, a foreign legal or natural person shall be 
represented by a legal or natural person (hereina fter referred to as: the Representative) entered 
into the Register of Representatives maintained by the competent authority in charge of intellectual property matters (hereinafter referre d to as: the Competent Authority) or a lawyer 
entered into the Montenegro Bar Association Register.  
 
Trademark Register, Application Records and Official Gazette 
 
Article 5 
 Trademark Register (hereinafter referred to as: the Register) and application records shall be maintained by the competent authority. 
The Register referred to in paragraph 1 of th e present Article shall contain the following: 
information about the holder of the trademark,  application filing date, the trademark registration number, the priority claim, the date of publicatio n of the application, the representation of the 
trademark, the list of goods and services, alterati ons, indications on third parties who have given 
their opinion, indications on the person who has filed an opposition,  the date the trademark has been entered into the Register, registration numbe r, international registration data, indication 
concerning the renewal of the trademark and the date of ceasing of effect of a trademark. 
The application records referred to in paragraph 1 of the present Article shall contain the 
following: indication concerning the applicant (name and address and/or name and seat), the representation of the trademark for which protec tion is sought, list of goods and services, 
information on the payment of prescribed administ rative fees and duties, application number and 
application filing date.  The Register and the application records referred to in paragraph 1 of the present Article 
shall be open to the public. 
 At the request of an interested person and following the payment of prescribed administrative fees and duties, the competent auth ority shall issue extracts from the Register and 
trademark validity certificate. 
 The data from the application referred to in paragraph 1 of the present Article and data on 
trademarks entered into the Register referred to in paragraph 1 of the present Article, shall be 
published by the competent authority in the Official Gazette. 
 The Official Gazette referred to in paragraph 6 of the present Article shall be published by 
the competent authority.  The competent state administration authority in charge of industrial property issues 
(hereinafter referred to as: the Ministry) shall prescribe in more detail the content and procedure 
for maintenance of the Register and the application records referred to in paragraph 1 of the present Article.   
 II. REGISTRATION PREREQUISITES  
 
Absolute Grounds for Refusal of a Registration 
 
Article 6 
A trademark shall not be used to protect a mark: 
1) Which cannot be graphically represented and a mark which cannot constitute a trademark 
in accordance with Article 2 of the present Law; 
2) devoid of any distinctive character; IP/N/1/MNE/T/1 
 
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  3) consisting exclusively of signs or indications which in trade serve to designate a kind, 
quality, quantity, intended purpose, value, or time  of production of the goods or rendering of the 
services or other characteristics of the goods or services; 
4) Consisting exclusively of indications which in  trade serve to designate geographical origin 
of the goods and/or services; 
5) Consisting exclusively of indications that have become customary in the current language 
or in the bona fidae established practice of trade; 
6) Consisting exclusively of a shape which result s from the nature of the goods or a shape of 
goods which is necessary to obtain a technical result or of a shape which gives substantial value to the goods; 
7) Which is contrary to public policy or accepted principles of morality; 
8) Which is of such a nature as to deceive the public in particular with regard to the nature, 
quality or geographical origin of the goods or services; 
9) Which cannot be registered in accordance with Article 6
ter of the Paris Convention; 
10) Which represents a national or religious symbol; 
11) Which contains official marks or hallmarks used for quality control or guarantee; 12) Which contains or consists of geographical indication identifying wines and spirits, with 
respect to such wines and spirits not having that origin; 
13) Which contains or consists of a geographical indication effective in Montenegro, if the 
application for the registration of a trademark ha s been submitted after th e date of filing of the 
application for the registration of the geographic al indication and to the extent determined by 
regulations governing the registration of geograph ical indication and regarding the same type of 
goods or services; 
14) If the filed application is contrary to good business practices.  
Trademark registration shall not be refused and a trademark shall not be declared invalid 
pursuant to paragraph 1 items 2, 3 and 4 of the present Article, if before the date of filing of the application for the registration of such trademark had acquired a distinctive character through use 
which has been made of it in the marketplace.  
 
Relative Grounds for Refusal of a Trademark Registration Based on Earlier Trademarks 
 
Article 7 
 Based on an opposition a trademark shall not be registered:   1) Should such trademark be identical to an earlier registered trademark for the same type 
of goods and/or services for which the new registration is applied for; 
 2) Should, because of its identity or similarity  with goods and/or services covered by the trademark, there exists a likelihood of confusion on  the part of the public due to the likelihood of 
associating with the earlier trademark; 
 An earlier trademark referred to in paragraph 1 of the present Article shall be considered:  1) A trademark registered in Montenegro which en joys priority right stipulated in Articles 22, 
23 and 24 of the present Law; 
 2) A trademark registered on the basis of ratified international treaties effective in 
Montenegro;  3) A trademark which is notorious and/or well-known in Montenegro on the day of 
application for the registration of a trademark or on  the day of priority right, if the priority has 
been claimed, pursuant to Article 6
bis of the Paris Convention. 
 An earlier trademark shall be also understood to include a an application for the registration 
of a trademark referred to in paragraph 2 items 1 and 2 of the present Article, provided that it 
becomes registered.  In establishing whether the mark referred to paragraph 2 item 3 of the present Article is a well known mark, the familiarity of the relevant part  of the public with the mark shall be taken into 
account, including their familiarity with the mark  as a consequence of mark-related marketing 
activities.  The relevant part of the public shall be understood to mean actual and potential users of 
goods and/or services designated by such mark, as well as the persons involved in the process of 
distribution and trade of the respective goods and/or services.  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 which has 
reputation in Montenegro, and the registration of goods and/or services has been sought which are 
not similar to those goods and/or services for which the previous trademark has been registered, should the utilization of such trademark be detrim ental to the reputation of the earlier registered 
trademark. IP/N/1/MNE/T/1 
 
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Other Relevant Grounds for Re fusal of a Registration  
 
Article 8 
 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 Organization, a trademark cannot be registered in the name of its trade 
agent or representative.  
 Based on an opposition, the trademark shall not be registered if such trademark contains a personal name, portrait and if it infringes a copyright or other industrial property rights.  Based on an opposition, the trademark shall not be registered if such trademark is identical 
or similar to a mark which has been used in good faith in trade prior to the date of filing of the 
application for the registration of a trademark and/or the priority date referred to in Articles 23 and 24 of the present Law. 
   Based on an opposition, a trademark shall not be registered if such trademark may be 
confused with a trademark used in another state at  the date of filing of the application for the 
registration of a trademark, provided that the application has been filed in bad faith. 
 
Consent of the Holder of the Earlier Trademark or Another Earlier Right  
 
Article 9 
 Application for the registration of a trademark (hereinafter referred to as: the Application) 
shall not be refused, and/or the registered tradem ark shall not be cancelled if the holder of the 
earlier trademark or another previously acquired right, consents to the registration of such 
trademark. 
  III. RIGHTS AND LIMITATION S OF TRADEMARK'S EFFECT 
 
Exclusive Rights 
 
Article 10 
 The holder of the trademark shall be exclusiv ely entitled to use the sign protected by a 
trademark for marking of goods and/or services to which such mark pertains.  The trademark holder shall be entitled to prevent other persons from using without his 
consent the following: 
 1) A sign which is identical with his/her earlier trademark in relation to goods and/or services which are identical with those goods and/or services for which the trademark has been 
registered; 
 2) A sign which identical with his/her earlier trademark in relation to similar goods and/or services or similar with his/her earlier trademark in relation to identical or similar type of goods and/or services, it there exists a likelihood of confusion because of such identity or similarity on 
the relevant part of the public, including the likelihood of associating between trademark and the 
earlier trademark;  3) Any sign which identical with his/her trademark or similar to his/her trademark in relation 
to goods and/or services which are not similar to those for which the trademark has been 
registered, where such trademark has a certain reputation in Montenegro and where it represents unjustified utilization and acquisition of unjustified benefit or is detrimental to the distinctive 
character or repute of the trademark. 
 
Prohibition on the Use of a Trademark  
 
Article 11 
 The holder of a trademark shall be entitled to prohibit other persons from:  1) Affixing a trademark to the goods, its packaging or on means used for marking the 
goods; 
 2) Offering the goods, putting them on the market, stocking them for those purposes or supplying services under such trademark; 
 3) Importing or exporting the goods under a trademark; 
 4) Using the trademark on business papers or in advertising;  The holder of the mark which is well known in Montenegro shall also be entitled to rights 
referred to in paragraph 1 of the present Article and Article 10 of the present Law, in accordance 
with Article 6
bis of the Paris Convention. IP/N/1/MNE/T/1 
 
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Reproduction of a Trad emark in Publications 
 
Article 12 
 If the reproduction of a trademark in a dictionary, encyclopedia or similar publication, 
including those in electronic form, creates an impression that such trademark is a generic name of the goods or services for which that trademark ha s been registered, the publisher shall be obliged, 
at the request of the holder of the trademark, to indicate in the following edition of the publication 
at the latest, that such trademark is a registered trademark.   
Prohibition on the Use of a Trademark Regi stered in the Name of a Trade Agent or 
Representative 
 
Article 13 
 If a trademark has been registered in the na me of a trade agent or representative of the 
trademark holder from the member state of the Paris Union or member state of the World Trade 
Organization without the trademark holder's authorization, the trademark holder shall be entitled 
to prohibit the use of the trademark by the trade agent or representative. 
 The trademark holder referred to in paragraph 1 of the present Article shall be entitled to 
demand the assignment of the trademark and to be entered into the Register as the trademark 
holder.  
 
Limitation of the Effects of a Trademark 
 
Article 14 
 The holder of a trademark shall not be entitl ed to prohibit other persons from using in 
accordance with good business practices in the course of trade: 
1) Their name or address; 
2) Indication concerning the kind, quality, qu antity, intended purpose, value, geographical 
origin, the time of production or other characteristics of the goods or services; 
3) The trademark, in cases where its use is necessary to indicate the intended purpose of 
the goods or services, in particular where the spare parts or accessories are concerned. 
 The trademark holder shall not prohibit another person from using in the course of the trade an earlier right used only in a particular locality in Montenegro, if such right has been recognized 
pursuant to regulations of Montenegro and within the limits of the territory in which such right has 
been recognized.  
Exhaustion of Rights Conferred by a Trademark 
 
Article 15 
A trademark does not entitle its holder to prohibit its use in relation to goods marked with 
such trademark and put on the market in Montenegro with his/her consent. 
The provision of paragraph 1 of the present Ar ticle shall not apply if the holder of the 
trademark has a legitimate reason for opposing further commercialization of goods marked with 
such trademark, in particular if a defect or other fundamental change of the condition of the goods 
has occurred following the day they have been put on the market for the first time.  The exhaustion of rights arising from the trademark may be expanded beyond Montenegro 
pursuant to ratified international treaties. 
 
Limitation as a Result of Permission 
 
Article 16 
 The holder of an earlier registered trademark who has knowingly allowed the use of the subsequently registered trademark for a continuous period of five years, shall not be entitled to 
file, following the expiry of that period,  a request for declaration of invalidity of  the subsequently 
registered trademark or oppose the use of subseq uently registered trademark in respect of goods 
and/or services for which the previously registered trademark has been used, unless the 
application for the registration of the subsequent ly registered trademark has been filed in bad 
faith.  The holder of the subsequently registered trademark who is entitled to continue using his/her trademark within the meaning of paragraph 1 of the present Article, shall not be entitled to 
oppose the use of the earlier registered trademar k regardless of the fact that the holder of the IP/N/1/MNE/T/1 
 
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  earlier registered trademark is not entitled any more to file a request for declaration of invalidity of 
the subsequently registered trademark.  
Trademark Use Following the Registration 
 
Article 17 
 Should the trademark holder fail to put to use the trademark for goods and/or services for 
which such trademark has been registered within a period of five years following the registration 
or if such use has been suspended during an un interrupted period of five years, the trademark 
shall cease to be valid, unless justified reasons exist for non-use.  The use of a trademark referred to in paragraph 1 of the present Article shall also the use of 
the trademark in a form differing in elements which do not alter the distinctive character of the 
trademark in its registered form, as well as affixing the trademark to goods or to the packaging thereof and/or services, for export purposes only. 
 The use of a trademark with the consent of the trademark holder or the person authorized 
to use the collective trademark shall be deemed to constitute use by the trademark holder.   
 IV. TRADEMARK REGISTRATION PROCEDURE 
 
Procedure before a Competent Authority 
 
Article 18 
 Provisions of the law governing general administrative procedure shall be applicable to the trademark registration and protection procedure, unless otherwise stipulated by the present Law. 
 The official decision of the competent authority shall be subject to an appeal filed with the 
Ministry.  In the course of the procedure before a comp etent authority administrative fees shall be 
charged in accordance with the law governing payment of administrative fees. 
 The Government of Montenegro (hereinafter referred to as: the Government) shall determine the amount of special procedural charges and amount of procedural charges for extending information services by the competent authority.  
 
Initiation of the Trademark Registration Procedure  
 
Article 19 
 The procedure for the trademark registration shall be initiated by filing an application with the competent authority. 
 Registration of multiple trademarks shall not be requested in a single application. 
 
Elements of the Application 
 
Article 20 
 The application shall contain the following elements: 
1) a request for the registration of a trademark; 
2) Information identifying the applicant; 
3) Representation of the mark for which trademark protection is sought; 4) List of goods and/or services for which the registration is sought, classified according to 
the Nice Agreement Concerning the International Classification of Goods and Services for the 
Purposes of the Registration of Marks; 
5) Proof of payment of administrative fees; 6) Power of attorney, if the application has been filed through a representative. 
 The competent authority shall enter the date and application number on the application 
referred to in paragraph 1 of the present Article.  The particulars of the application referred to in paragraph 1 of the present Article shall be 
prescribed by regulations issued by the Ministry. 
 
Application Division and Alteration 
 
Article 21 
 The application for the registration of a trademark specifying a list of products and/or services (hereinafter referred to as: the initial application) may, at the request of the applicant, be IP/N/1/MNE/T/1 
 
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  divided into two or more applications, before the trademark is entered into the Trademark 
Register, by dividing the list of products and/or services.  
The divided application shall preserve the filing date of the initial application and its priority 
date, if the priority has been claimed. 
The representation of the mark cannot be altere d nor can the list of goods and/or services in 
the application be expanded subsequently. 
Inscribing the mark in a special type of letters or fonts shall not be considered as an 
alteration of the mark. 
Alterations in the application pertaining to the correction of the applicant's name and 
address as well as the c orrections of errors made in the text or transcrip t may be done at the request of the applicant or ex officio , provided that these alterations do not result in the expansion 
of the list of goods and/or services contained in the application. 
If the application has already been published, the alterations to the application shall be 
published subsequently in the Official Gazette.  
 
Application Filing Date Priority 
 
Article 22 
 As of the filing date the applicant shall enjoy a priority right over all other persons who have 
subsequently filed an application for the same mark or for a similar mark concerning the same or similar goods and/or service. 
 Following the payment of the required admini strative fees, the competent authority shall 
issue a certificate of the priority right at the request of the applicant or the trademark holder.  The content of the application for the issuance of the certificate of the priority right and the 
content of the certificate of the priority right shall be determined by the Ministry. 
 
Union Priority Right 
 
Article 23 
 An applicant having filed for the first time an application in any member state of the Paris Union or in any member state of the World Trade Organization, shall be entitled to invoke the date 
of the first filing when filing the application in Montenegro for the same trademark, provided that 
he files the application in Montenegro within six mont hs from the date of the first filing (hereinafter 
referred to as: the Union Priority Right). 
The applicant invoking the Union Priority Right referred to in paragraph 1 of the present 
Article shall indicate in the application information on the country, date and application number.  
Should the need arise to prove the Union Priority Right, the applicant shall submit the 
certificate of the priority right issued by a comp etent authority of the Paris Union member state or 
World Trade Organization member state, whic h has been translated into the Montenegrin 
language.   
Exhibition Priority Right 
 
Article 24 
The applicant who has displayed goods or provided services marked under a particular mark 
at an official or officially recognized international exhibition in any a member state of the Paris Union or in any member state of the World Trade Organization, may request that the date of the 
day of the first exhibition of the goods or of prov iding of the services, be accorded as the date of 
the first application, provided that the application in Montenegro has been filed within six months from that date. 
Within the meaning of paragraph 1 of the presen t Article, an international exhibition shall 
mean any exhibition pursuant to the Convention on International Exhibitions.  
The applicant invoking the exhibition priority right shall with the application filed to the 
competent authority file the certificate issued by the competent authority of a member state of the 
Paris Union or a member state of the World Trade Organization which has been translated into the 
Montenegrin language indicating the type of exhibition, venue, exhibition opening and closing date as well as the first day of the exhibition of the goods and/or services specified in the application. 
 
Order of Application Examination 
 
Article 25 
Applications shall be examined in the order determined by the date of their filing. IP/N/1/MNE/T/1 
 
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  Notwithstanding the provision of paragraph 1 of  the present Article, the application may be 
examined in an expedited procedure: 
1) In case of the procedure initiated before a court, inspection supervision procedure or 
customs related procedure at the request of the court, competent inspection authority or the 
customs authority; 
2) If, at the request of the applicant, the re gistration must be done for the purpose of 
exercising the union or exhibition priority right abroad; 
3) If expedited registration needs to be done in accordance with other regulations. 
 
Application Examination Phases  
 
Article 26 
 The application examination procedure shall include: examining whether the requirements referred to in Article 20 of the present Law have been fulfilled and examining whether grounds for 
refusing of the registration referred to in Article 6 of the present Law exist. 
 
Application Examination 
 
Article 27 
 The application shall be deemed as being correct  if it meets the requirements referred to in 
Article 20 of the present Law.  
Where the application has been found not to be correct and complete, the competent 
authority shall notify and call on the applicant to remedy the deficiencies within sixty days from the day the notification has been received.  
Should the applicant remedy the detected defici encies within a time period referred to in 
paragraph 2 of the present Article, the application shall be considered as having been correct as from the beginning. 
Should the applicant fail to remedy the detected  deficiencies within the time period referred 
to in paragraph 2 of the present Article, the application shall be deemed as having been withdrawn, and the competent authority shall pass a decision to stop the proceedings.   
Upon the request of the applicant, the comp etent authority may extend the time limit 
referred to in paragraph 2 of the present Article for not more then sixty days. 
 
Examination as to the Absolute Grounds for Refusal of the Application 
 
Article 28 
 The competent authority shall examine the correct application in terms of determining 
possible grounds for refusing the registration referred to in Article 6 of the present Law. 
 Should the competent authority detect reasons grounds for refusal of the registration referred to in Article 6 of the present Law, it shall notify the applicant thereof in writing. 
 The applicant shall be entitled to submit ev idence of facts which might affect the final 
decision of the competent authority, within sixty days from the day of receiving the written 
notification specifying grounds for refusal of the requested registration.  At the request of the applicant, the time li mit referred to in paragraph 3 of the present 
Article may be extended for a time period not more then sixty days. 
 
Publication of the Application 
 
Article 29 
 A correct application which has not been found to contain grounds for refusal referred to in 
Article 28 of the present Law, shall be published in the official gazette.  
 The content of the application data published in the official gazette referred to in 
paragraph 1 of the present Article shal l be determined by the Ministry.  
 
Opinion of Other Persons 
 
Article 30 
 Following the publication of the application referred to in Article 29 of the present Law, legal 
and natural persons or associations of manufactu rers of goods and/or providers of services, 
retailers and consumers, may, within a time period of ninety days from the date of publication, submit to the competent authority a substantiated opinion in writing on absolute grounds for 
refusal of the registration referred to in Article 6 of the present Law. IP/N/1/MNE/T/1 
 
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   Persons referred to in paragraph 1 of the present Article shall not be parties to the 
proceedings.  Following the receipt of the opinion referred to in paragraph 1 of the present Article, the competent authority shall act in accordance with Article 28 of the present Law and shall render a 
decision either refusing the registration of th e trademark or approving the registration of the 
trademark, which shall be published in an Official Gazette.  
Opposition against Trademark Registration 
 
Article 31 
 An opposition against the registration of a trad emark due to reasons referred to in Articles 7 
and 8 of the present Law shall be filed with the competent authority within a time period of ninety 
days from the date of publication of an application in the Official Gazette.  Opposition referred to in paragraph 1 of the present Article may be filed by the holder of the 
earlier trademark or acquirer of the license, base d on the authorization of the trademark holder.  
 If the procedure for the removal of earlier trademark or for invalidating the trademark has been initiated before a competent court, the competent authority shall stay the opposition 
examination procedure until the court decision has become final. 
 The time limit for filing the opposition referred to in paragraph 1 of the present Article shall not be subject to extension.  The opposition referred to in paragraph 1 of the present Article shall be subject to the 
payment of administrative fees. 
 
Examination of the Opposition 
 
Article 32 
 The competent authority shall examine whether the opposition has been filed by a person 
referred to in Article 31 paragraph 2 of the present Law and whether the opposition has been filed 
within a prescribed time limit.  If the requirements referred to in paragraph 1 of the present Article have not been met, the 
competent authority shall render an official decision rejecting the appeal. 
 The competent authority shall submit a copy of the opposition to the applicant and shall 
notify the applicant to submit his/her observations regarding the opposition within a period of sixty days. 
 
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 of the presen t 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 registered trademark who has opposed the trademark registration 
shall be obliged to prove, at the request of the app licant, that during a period of five years prior to 
the date of publication of the application he/s he has been using in Montenegro the trademark 
referred to in Article 17 of the present Law for goods and/or services for which such trademark has 
been registered and which he/she states as the reason for an opposition.  The holder of the earlier registered trademark which has been registered for at least five 
years prior to the application disclosure date, in case of existence of justified reasons for not using 
the trademark, shall be obliged to offer proof of justified reasons for not using the trademark, provided that the earlier registered trademark had already been registered on the date of 
publication of the application. 
 Should the holder of the earlier registered tr ademark fail to prove the use of the trademark 
referred to in paragraph 2 of the present Article or should he/she fail to offer valid reasons for not using the trademark referred to in paragraph 3 of the present Article, the competent authority 
shall render a decision refusing the opposition. 
 If the earlier registered trademark has been used only for some goods and/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 and/or services. 
 Should the competent authority, in the course of the opposition procedure, ascertain that the opposition is without merits, it shall render a decision refusing the opposition. IP/N/1/MNE/T/1 
 
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   Should the competent authority, in the course of the opposition procedure, ascertain that 
the opposition has merits, it shall render a deci sion 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 paragraphs 4, 6 and 7 of 
the present Article to the applicant and to the opponent.  
 The decision referred to in paragraph 7 of the present 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.   
Continuation of the Proceedings 
 
Article 34 
The applicant or another person who has failed to perform an action within a specified time 
period may file a request with the competent auth ority for the continuation of the proceedings.  
The procedure continuation request may be filed within a time period of sixty days from the 
expiry of the time period within which th e action should have been undertaken.  
The competent authority shall allow the continuation of the procedure, if the loss of right has 
not come into effect, provided that the applican t effects payment of administrative fees for the 
continuation of the procedure and provided that  the applicant undertakes the action within the 
time period referred to in paragraph 2 of the present Article.  
The continuation of the procedure may not be requested for failing to observe the deadlines 
for the following: the application referred to in pa ragraph 2 of the present Article, priority right 
recognition application referred to in Articles 23 and 24 of the present Law, opposition referred to 
in Article 31 of the present Law, the request for restitutio in integrum  referred to in Article 38 of 
the present Law and the request for the renewal of  a trademark referred to in Article 42 of the 
present Law. 
Should the competent authority approve the re quest for the continuation of the procedure 
referred to in paragraph 1 of the present Article, it shall be considered that the consequences of failing to observe the deadlines have not come into effect and shall nullify the official decisions it 
had rendered in respect of failure to observe the deadlines.  
 
Trademark Registration 
 
Article 35 
 If an opposition against trademark registration has not been filed or if such opposition has 
been rejected or refused, the competent authority shall call on the applicant to effect payment of 
the trademark registration-related administrative fees, the fee for the first ten years of trademark 
protection and the costs of publication of the trademark registration in the Official Gazette.   The application shall be deemed withdrawn if the applicant fails to effect payment of the 
prescribed fees and costs within the time limit referred to in paragraph 1 of the present Article. 
 Following the payment of fees and costs referre d to in paragraph 1 of the present Article, 
the competent authority shall render a decision on trademark registration based on which it shall 
enter the trademark into the Register and publish the trademark registration in the Official 
Gazette.  The regulations issued by the Ministry shall prescribe the particulars of the information on 
trademark registration published in the Official Gazette.  
 The trademark holder shall acquire rights resulting from trademark on the day the trademark is registered, pursuant to the present Law. 
The date of the official decision on the trademark registration shall also be considered as the 
date when the trademark has been entered into the Register.  
 
Division of a Trademark 
 
Article 36 
A trademark registered for multiple goods and/or services (hereinafter referred to as: the 
Initial Registration) may be divided, at the reques t of the holder of the trademark, into two or 
more trademarks according to the list of products and/or services.  
Divided trademarks shall preserve all rights contained in the initial registration. A special decision shall be issued on a division of a trademark specifying:  the number of the 
initial registration, number of the new trademarks, the mark from the initial registration as well as IP/N/1/MNE/T/1 
 
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  the goods and/or services which remain in the initial registration and goods and/or services that 
belong to separate trademark(s). 
A divided trademark shall be entered into the Trademark Register while the trademark 
holder shall be issued a decision on trademark registration.  
Information on divided trademarks shall be ente red into the Register and shall be published 
in the Official Gazette.  
The request referred to in paragraph 1 of the present Article shall contain, in particular: the 
trademark registration number; information about the trademark holder; a representation of the 
mark; a designation of the class numbers under the International Classification of Goods and Services remaining in the initial registration, and the class numbers under the International Classification of Goods and Services to which the separated trademark refers. 
The Ministry shall prescribe the particulars of the application referred to in paragraph 1 of 
the present Article, and shall specify the documentation to be filed with the application.  
Entry of Alterations into the Register 
 
Article 37 
 At the request of the trademark holder, the changes which occurred following the trademark 
registration pertaining to the change of the name and address of the holder of rights, alteration of 
the list of goods and/or services and transfer of rights, shall be entered into the Register.  
 Alterations referred to in paragraph 1 of the present Article shall not alter the representation 
of the registered trademark nor expand the list of goods and/or services.  
Alterations entered into the Register shall be published in the Official Gazette. The Ministry shall prescribe in more detail the content of the request referred to in 
paragraph 1 of the present Article and the docume ntation submitted together with the request. 
 
Restitutio in integrum 
 
Article 38 
The applicant or trademark holder who has been unable, despite due diligence and for 
justified reasons, to perform a certain action in the procedure before a competent authority, may 
request restitutio in integrum  if the omission resulted in the loss of rights. 
The request for restitutio in integrum  referred to in paragraph 1 of the present Article shall 
be submitted in writing within a time period of sixty days from the day reasons for omissions have 
ceased to exist. 
The request for restitutio in integrum  referred to in paragraphs 1 and 2 of the present Article 
may not be submitted following the expiry of a time  period of one year from the day of omission 
having taken place.  
The applicant filing the request for restitutio in integrum  shall be obliged to provide in 
his/her application the reasons due to which he/s he has been prevented from performing such 
activities referred to in paragraph 1 of the present Article within the prescribed time period and 
shall be obliged to sufficiently substantiate such circumstances.  
The competent authority shall review the request for restitutio in integrum  provided that the 
applicant effects payment of the administrative fees within a time period refe rred to in paragraph 2 
of the present Article and performs the action he/she had failed to perform.  
Restitutio in integrum  may not be requested for failing to observe the filing deadlines for: 
restitutio in integrum  request referred to in paragraphs 2 and 3 of the present Article, application 
for the priority right recognition or establishmen t referred to in Articles 23 and 24 of the present 
Article, application for the continuation of the proceedings referred in Article 34 of the present Law and request for making corrections or amendments.   
If the trademark holder has established his/her right to a trademark through restitutio in 
integrum , such trademark shall not produce effect in respect of another person who has in good 
faith put goods on the market or extended services  under an identical or similar mark, during the 
time from the loss of right referred to in paragraph 1 of the present Article until the 
reestablishment of rights resulting from the trademark. 
 IP/N/1/MNE/T/1 
 
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  V. TRADEMARK AS PROPERTY RIGHT  
 
License 
 
Article 39 
 A trademark holder may, on the basis of a license agreement, grant license for the right to use the trademark in respect of all or some of the goods and/or services. 
The license agreement, referred to in paragraph 1 of the present Article, shall be entered 
into the Register at the request of the trademark holder or the licensee. 
The entry of the license agreement into the Regi ster referred to in 1 of the present Article 
shall be subject to an official decision. 
The entry of the license agreement into the Regi ster referred to in 3 of the present Article 
shall be published in the Official Gazette. 
The trademark holder may invoke rights result ing from the trademark against the licensee 
violating any provision from the license agreement in the course of license validity, in respect of 
the registered trademark's representation, manner in which the trademark is being used, scope of goods and services for which the license is granted, territories where the trademark can be used, 
or quality of goods manufactured or services offered by the licensee. 
A trademark shall not be subject of a compulsory license.  
 
Transfer of a Trademark  
 
Article 40 
 The holder of the trademark right may transfer to another person the trademark either for 
all or some goods and/or services for which such trademark has been registered.   
 If the trademark is transferred in respect of only some goods and/or services for which the trademark has been registered, the trademark registration shall be separated pursuant to 
Article 36 of the present Law. 
The procedure for the entry of the trademark tr ansfer shall be initiated on the basis of a 
written request accompanied by: 
1) The proof of legal title for the entry; 
2) The power of attorney if the procedure for the registration of the transfer, license or 
pledge is initiated through an agent; 
3) The proof of payment of the administrative f ees charged for the registration of a transfer, 
license or pledge. 
Registration of the license and/or pledge may be requested on the basis of a single request 
referred to in paragraph 3 of the present Article,  provided that the trademark holder and license 
and/or pledge assignee are the same. 
The transfer of the trademark shall be entered in to the Register and published in the Official 
Gazette. 
The Ministry shall prescribe in more detail the content of the request referred to in 
paragraph 3 of the present Article and the docume ntation submitted together with the request. 
 
Pledge, Levy of Execution and Bankruptcy 
 
Article 41 
A trademark may be the subject of a pledge based on a pledge agreement and subject to 
enforced performance. 
The pledge right shall be entered into a Register at the request of a pledger or the pledgee.  The court tasked ex officio  with the levy of execution shall be obliged to notify, without 
delay, the competent authority on the launching of  the levy of execution procedure in respect of a 
trademark for the purpose of entering it into the Register. 
Pledge and levy of execution shall be published in the Official Gazette. Where a trademark is subject of bankruptcy, th e information on bankruptcy procedure shall 
be entered into the Register and published in the Official Gazette at the request of the competent 
court.  
Regulations governing pledge shall be applicable  to pledge or levy of execution procedures. 
 IP/N/1/MNE/T/1 
 
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   VI. DURATION, RENEWAL AND CESSATION OF TRADEMARK RIGHTS 
 
Duration of Protection an d Renewal of the Trademark 
 
Article 42 
The trademark right shall last for ten years from the date of filing of the application. The trademark shall be renewed for a further ten-year period for an unlimited number of 
times, provided that, prior to the expiry of the ten-year period, the trademark holder submits to 
the competent authority the request for the rene wal of a trademark accompanied by proof of 
payment of the required administrative fees and duties. 
The request for the renewal of a trademark may be submitted  within a time limit of six 
months following the expiry of the time period re ferred to in paragraph 1 of the present Article, 
provided that the double amount of the required administrative fees be paid. 
The new trademark protection period shall comm ence on the day of expiry of the previous 
ten-year period.  
The trademark holder or a person authorized by him/her, shall be entitled to file the request 
for the renewal of a trademark with the competent authority. 
Where the request for the renewal of a trademark is filed in respect of certain goods and/or 
services only for which the trademark has been registered, the trademark registration shall be renewed for those goods and/or services only.    
The renewal of a trademark shall be entered into the Register. 
If the trademark protection is not renewed, th e trademark shall cease to be protected on the 
date on which the existing protection period expires. 
The trademark protection expiry date referred to  in paragraph 8 of the present Article shall 
be entered into the Register. 
The Ministry shall prescribe in more detail the content of the request referred to in 
paragraphs 2 and 5 of the present Article as well as the documentation submitted together with 
the request. 
 
Ceasing of the Trademark Rights 
 
Article 43 
The trademark shall cease to have the effect upon expiry of a ten-year period unless its 
protection has been renewed. 
The trademark shall cease to have the effect prior to the expiry of the period referred to in 
paragraph 1 of the present Article: 
1) if the holder of a trademark surrenders his/her trademark rights — on the day the 
declaration of surrender is submitted to the competent authority; 
2) as a result of a court decision or a decision by the competent authority, in cases set out 
in the present Law — on the day specified by such decision; 
3) if the legal person that is the holder of the trademark ceased to exist or if the natural 
person who is the holder of the trademark has de ceased — on the day of the cessation or the day 
of death respectively, unless the trademark has b een transferred to the successors in rights of 
such persons. 
 The trademark holder may surrender in writing his/her trademark rights pertaining to 
certain or all goods and/or services for which such trademark has been registered.  The competent authority shall issue a decision on ceasing of the effect of a trademark 
referred to in paragraph 2 of the present Article. 
 If a certain right has been entered into the Register in favor of another person, the trademark holder cannot surrender the trademark without a prior written consent of a person to whose name that right has been registered. 
 Should the trademark holder fail to pay the required administrative fees within a prescribed 
time period, the competent authority shall notify su ch person that the required administrative fees 
and duties have not been paid, and that such fees may be paid within the time period of six 
months from the beginning of the year in which the following trademark validity period 
commences.   The ceasing of the effect of trademark rights referred to in paragraph 2 items 1 and 3 of the 
present Article shall be entered into the Register  and shall be published in the Official Gazette. 
  IP/N/1/MNE/T/1 
 
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  VII. COLLECTIVE TRADEMARK 
 
Definition of the Collective Trademark 
 
Article 44 
 A collective trademark shall mean a trademark of a legal person representing a certain type 
of association of manufactures and/or service pr oviders, which may be used by persons who are 
members of such association, under the conditions prescribed by the present Law. 
 A collective trademark may be used to protect any mark pursuant to Article 2 paragraphs 2 and 3 of the present Law and any mark for which there are no grounds for refusal the registration thereof referred to in Articles 6, 7 and 8 of the present Law.  
 Collective trademark may not be subject of a license.  
 
Geographical Indication Protec ted by a Collective Trademark 
 
Article 45 
 A collective trademark may be used to protect a mark which denotes certain geographical 
origin of goods and/or provision of services. 
 Provisions of Article 6 item 4 of the present Law shall not be applicable to the trademark referred to in paragraph 1 of the present Article.  The trademark rights referred to in paragraph 1 of the present Article shall not entitle the 
holder to prohibit another person from using mark s or signs in the trade of goods and/or services 
denoting the geographical origin of the goods, prov ided that he/she uses them in accordance with 
good business practices.  
 The trademark referred to in paragraph 2 of the present Article shall produce no effect on 
another person that has the right to use the geographical indication.  The person using the collective trademark shall be entitled to use the trademark only in the 
manner prescribed by the general act on collective trademarks. 
 
Submitting an Application for a Collective Trademark  
 
Article 46 
 The applicant or the collective trademark rights holder may be a legal person who is entitled to exercise rights, take on obligations, sign contracts or perform other legal action on its own 
behalf.  
 
General Act on Collective Trademarks 
 
Article 47 
 In addition to the application for the registration of a collective trademark pursuant to Article 20 of the present Law, the applicant shal l also submit the general act on a collective 
trademark. 
 The general act on a collective trademark shall contain in particular the following: 
1) persons authorized to use the collective trademark; 
2) membership requirements for joining the association; 
3) conditions for the use of the trademark including sanctions; 
Any person shall have access to the general act referred to in paragraph 1 of the present 
Article. 
The holder of the collective trademark which is used to mark geographic origin of goods 
and/or services shall be obliged to enable any person, whose goods and/or services originate from a particular geographical area and meet the conditions required for the use of the collective 
trademark in accordance with the general act on a collective trademark, to use the collective 
trademark, under the conditions prescribed by the general act on a collective trademark.   
Amendments to the General Act on a Collective Trademark  
 
Article 48 
The holder of the collective trademark rights shall be obliged to submit to the competent 
authority amendments to the general act go verning the use of a collective trademark. 
The competent authority shall verify whether the amendments to the general act meet the 
requirements laid down in Article 47 of the present Law. IP/N/1/MNE/T/1 
 
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  The amendments to the general act shall produce effect on other persons following their 
publication in the Official Gazette. 
Information on the amendments to the general act shall be entered into the Register. 
 
VIII. INTERNATIONAL REGIST RATION OF TRADEMARKS 
 
International Registration Application 
 
Article 49 
 A trademark holder and/or applicant may file a request for the international registration of a trademark through a competent authority. 
 The request referred to in paragraph 1 of the present Article shall be accompanied by the 
following: 
1) A representation of the mark; 
2) A list of the goods and/or services drawn up according to the International Classification 
of Goods and Services, written in the English language; 
3) A power of attorney if the request is filed through a representative; 
4) Proof of payment of the required administrative fees. 
If the request for the international registration of a trademark is found to be complete, the 
competent authority shall set the deadline to the applicant within which payment of the fee for the 
international registration of the trademark is to be effected to the International Bureau and the 
proof of payment thereof is to be submitted to the competent authority. 
If the application for the international registration of a trademark is not complete, the 
competent authority shall notify the applicant in writing inviting him/her to remedy the deficiencies 
within the time period of thirty days. 
If the applicant fails to remedy the detected deficiencies in his/her application within the 
time limit referred to in paragraph 4 of the present Article, the competent authority shall reject the 
application. 
Upon the applicant's submission of the proof of payment referred to in paragraph 3 of the 
present Article, the competent authority shall forw ard the application to the International Bureau.
  If the applicant fails to submit the proof of payment referred to in paragraph 3 of the 
present Article within the prescribed time period, the competent authority shall reject the 
application. 
The trademark holder shall submit the request fo r the entry of changes into the international 
register and the request for subsequent extension of the international registration to the 
International Bureau directly.  
The Ministry shall prescribe the content of the application for the international registration of 
a trademark and proof accompanying the application. 
 
International Registration of a Trademark with  the Indication of Effect in Montenegro 
 
Article 50 
 Provisions of Articles 2, 6, 7 and 8 of the pr esent Law shall be applicable to the international 
registration of a trademark with the indication of effect in Montenegro. 
 Should the holder of an international registration of a trademark referred to in paragraph 1 
of the present Article fail to submit his/her observations regarding the preliminary notification of the competent authority on the intention to refuse the validity of such trademark in Montenegro, 
the competent authority shall render a decision re fusing the validity of the trademark which is 
submitted to the International Bureau.  The publication of the international registration of a trademark in the Gazette of the International Bureau of the World Intellectual Property Organization shall be considered a 
publication of the trademark registration in Montenegro.  
 
IX. CIVIL LAW PROTECTION 
 
Declaration of Trademark Invalidity Claim  
 
Article 51 
 Any legal or natural person may file a claim with the competent court seeking declaration that a trademark is invalid in whole or in part.   The complaint referred to in paragraph 1 of th e present Article may be filed if the trademark 
has been registered contrary to the provisions of Article 6 of the present Law. IP/N/1/MNE/T/1 
 
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   The court shall be obliged to submit to the competent authority the final ruling declaring the 
trademark either entirely or partially invalid.  
Removal of a Trademark from the Register Claim 
 
Article 52 
 Any legal or private person may file a complaint with a competent court requesting that a 
trademark be removed from the Register and that  the use of the mark be prohibited in the 
following cases:  1) If the holder of the trademark has registered the trademark in bad faith;  2) If the trademark has been registered contrary  to the provisions of Articles 7 and 8 of the 
present Law; 
 3) If due to certain actions taken or permissi ons given by the holder of the trademark, such 
trademark has become an ordinary term in trade of goods and/or services for which such 
trademark has been registered; 
 4) If the trademark holder or another person having trademark holder's consent, has been using the trademark for goods and/or services in such manner as to mislead the public, in 
particular regarding the type, quality and geogra phical origin of the goods and/or services. 
 Any legal or natural person may, in addition to reasons referred to in paragraph 1 of the present Article, file a complaint requesting that a collective trademark be removed from the Register and that the use of the mark be prohibited in the following cases: 
 1) If the holder of the collective trademark has ceased to exist; 
 2) If the general act governing the use of th e collective trademark has been altered and if 
the alterations are contrary to Article 48 of the present Article; 
 3) If the representation of the collective trad emark has been altered to such an extent that 
there are reasons for its nullification pursuant to Article 6 of the present Law;  The claim requesting that a trademark be removed from the Register may not be filed 
following the expiry the five-year period from th e registration date, unless the trademark has been 
registered in bad faith.   The competent authority shall remove the trad emark from the Register following the receipt 
of a final decision ordering that the trademark be removed. 
 
Challenging the Trademark Rights Claim  
 
Article 53 
Any legal or natural person who, in commercial activity, uses a mark for marking of goods 
and/or service for which other person has filed an application or has registered it in its name for 
marking of the same or similar goods and/or services, may request the court to declare such 
person as being the rights holder, provided that such person is able to prove that the concerned 
mark was well known for marking of its goods an d/or services  before the defendant had filed 
his/her registration application. 
If the defendant is able to prove that, prior to the trademark registration referred to in 
paragraph 1 of the present Article, he/she has used in commercial activity the same mark which is part of the trademark during the same period of ti me as plaintiff or longer, the court shall reject 
the claim referred to in paragraph 1 of this Article. 
The action referred to in paragraph 1 of this Article may not be filed following the expiry of a 
five-year period from the day of the trademark's registration. 
At the request of the plaintiff, the competent authority shall enter him/her into the Register 
as the trademark holder, following the receipt of the court's final decision.  
Non-use of the Trademark Claim 
 
Article 54 
An interested party may file a claim with a competent authority for the revocation of a 
trademark either entirely or only for some goods and/or services,  if the holder of the trademark or 
a person authorized by him/her has failed, without a justified reason, to genuine use the trademark on the national marketplace for mark ing of goods and/or services to which the 
trademark relates, for an uninterrupted period of five years from the date the trademark was 
entered in the Trademark Register or from the date of its last use.  
During the proceedings referred to in paragraph 1 of the present Article, the trademark 
holder or a person authorized by him/her shall be  obliged to either prove that the trademark has 
been used and/or to offer substantiated reasons for not using the trademark. IP/N/1/MNE/T/1 
 
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  The competent authority shall not issue a decision on revocation of a trademark due to its 
non-use, if the use of the trademark had begun or has continued following the expiry of an 
uninterrupted five-year period of non-use of the registered trademark and prior to the submission 
of a claim for revocation of trademark due to its non-use, except if the commencement or 
continuation of use of the registered trademark occurred after the holder of the right had become 
aware that a claim for the revocation of his/her trademark will be submitted and if the use had begun or had continued within a period of three months prior to the submission of a claim for the 
revocation of a trademark. 
 
Trademark Infringement Claim 
 
Article 55 
 Any unauthorized use of a protected mark by any economic operator within the meaning of Articles 10 and 11 of the present Law shall constitute an infringement of a trademark. 
 The trademark rights holder may file an action requesting that the court establishes 
trademark infringement.   In the event referred to in paragraph 2 of th e present Article, the claim may be filed and 
the plaintiff may request the following: 
1) Termination of the infringement; 2) Destruction or alteration of the infringing objects; 3) Destruction or alteration of the tools and equipment used to manufacture the infringing 
objects; 
4) Reimbursement of pecuniary damage and justifiable legal expenses; 5) Publication of the court decision at the expense of the defendant; 
6) Supplying information about third parties participating in the infringement of trademark 
rights. 
Any infringer shall be liable for the damage in accordance with general rules on 
compensation of damages. 
In deciding on complaints referred to in paragraph 3 items 2 and 3 of the present Article, 
the competent court shall take into consideration all circumstances of the case, in particular the proportionality between the severity of infringement and the damage caused. 
Proceedings on action referred to in paragraph 2 of the present Article shall be urgent. 
An action for trademark rights infringement may be filed within a period of three years from 
the day on which the plaintiff became aware of the infringement and the infringer's identity, but 
not later than five years from the day of the first infringement. 
 
Provisional measures 
 
Article 56 
At the request of a person that makes it probable that his/her registered trademark or the 
right arising from the registered trademark has been infringed or is about to be infringed, the 
court may order a provisional measure for seizure or removal from trade of infringing products, 
the equipment for manufacturing such products, and/or an injunction prohibiting the continuation of activities already commenced which could result in an infringement. 
The provisional measures referred to in paragr aph 1 of the present Article and the securing 
of evidence referred to in Article 57 of the pres ent Law may be requested even before initiating 
trademark infringement claim or infringement of the right arising from the application, provided 
the claim is initiated within a term of fifteen days  from the date of rendering the decision imposing 
provisional measure and/or the decision  ordering the securing of evidence. 
An appeal against the court decision pronouncing the provisional measure referred to in 
paragraph 1 of the present Article shall no t delay the enforcement of the decision. 
 
Securing of evidence 
 
Article 57 
At the request of a person who makes it probable that its trademark or rights arising from 
the trademark application have been infringed, and that there is reasonable suspicion that 
evidence thereof will be destroyed or that later it  will not be possible to obtain such evidence, the 
court may decide to secure evidence without prior notification or hearing of the person from whom the evidence is to be collected. IP/N/1/MNE/T/1 
 
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  An inspection of premises, vehicles, books and documents, as well as the seizure of objects, 
examination of witnesses and expert witnesses shall be considered as securing of evidence within 
the meaning of paragraph 1 of the present Article. 
The court decision imposing a provisional measure aimed at securing evidence shall be 
served on the person from whom the evidence is being collected at the time of the collection of 
evidence, while such decision shall be served on th e absent person as soon as it becomes possible. 
 
Collateral Security 
 
Article 58 
At the request of a person against whom proceedings for infringement of a registered 
trademark or proceedings for imposing a provisio nal measure have been initiated, the court may 
determine an appropriate amount of money, to be  borne by the applicant, as a security in the 
event that request is found to be groundless. 
 
Obligation to Provide Information 
 
Article 59 
If no reasons exist for withholding witness account pursuant to the provisions of the law 
governing civil law proceedings, the court may order the defendant and/or the witness to provide information about any third parties who have participated in the infringement of trademark rights 
and their the distribution channels. 
Should the person referred to in paragraph 1 of the present Article fail to fulfill the obligation 
of providing information, such person shall be held liable for any damage arising thereof. 
 
X. REPRESENTATION 
 
Representation Requirements 
 
Article 60 
 Representation before competent author ities shall be performed by trademark 
representatives.  
A trademark representative may be: 1) A natural person with Montenegrin citizenship residing in Montenegro, having university 
degree and having successfully passed the tradem ark representative exam before a competent 
authority;   
2) A lawyer registered in the Montenegro Bar Association Register or a law office employing 
a lawyer registered in the Montenegro Bar Association Register or having cooperation with such 
person based on a signed contract; 
3) A legal person with its legal seat in Montenegro employing at least one employee meeting 
the criteria referred to in paragraph 1 of the present Article or having cooperation with such 
person based on other type of contractual relation ship and providing registration services before 
competent authorities as its registered business activity.   
Register of Representatives 
 
Article 61 
The competent authority shall maintain the Register of Trademark Representatives. 
Persons meeting the requirements referred to in Article 60 of the present Law shall be 
entered into the Register of Trademark Representatives. 
Entry into the Register of Trademark Represen tatives shall be subject to the payment of 
prescribed administrative fees. 
The trademark representative exam referred to in Article 60 paragraph 2 of the present Law 
shall be taken before a panel of experts of the competent authority. 
The curriculum and the manner of taking the trademark representative exam, the panel 
composition, examination fee and content of the Register of Trademark Representatives shall be 
determined by the Ministry. 
 
Removing a Representative from the Re gister of Trademark Representatives 
 
Article 62 
A representative shall be removed from the Register of Trademark Representatives: IP/N/1/MNE/T/1 
 
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  1) At his/her own request; 
2) If a final court judgment has been pass ed prohibiting him/her from performing 
representation activities; 
3) If he/she has been convicted to a prison sentence exceeding six months, of which he/she 
must duly notify the competent authority. 
 
XI. TRANSITIONAL AND FINAL PROVISIONS 
 
Finalization of Earlier Applications and Harmonization of the Register 
 
Article 63 
Procedures initiated prior to the coming into force of this Law shall be finalized in compliance 
with this Law, if this is more favorable to the party. 
The Trademark Register established prior to the coming into force of this Law shall be 
harmonized with the present Law within a time period of six months from the date of coming into 
force of this Law. 
The Trademark Application Register established pr ior to the coming into force of the present 
Law shall become a record of applications and shall be harmonized with the present Law, within a 
time period of six months from the date  of coming into force of this Law. 
 
The Right to the Continuation of Use 
 
Article 64 
 Marks used in good faith until the present Law came into force shall not be prohibited 
pursuant to Articles 10 and 11 of the present Law.  
 
Recognized Rights 
 
Article 65 
Trademarks registered and entered into the Trademark Register with the Intellectual 
Property Office of Serbia and Montenegro (herein after referred to as: Serbia and Montenegro 
Office), and/or with the Intellectual Property O ffice of Serbia (herein after referred to as: the 
Serbian Office) until 28 May 2008, shall be valid until the expiry of their protection period, and/or until the expiry of the time period for which the trademark maintenance fee pursuant to the law 
was paid to the Serbian Office, without requirin g the payment of an additional fee and without 
requiring any registration. 
Trademarks, for which the competent authority has issued the trademark validity certificate 
in a form of a note affixed to the copy of the cert ificate issued by the Serbia and Montenegro Office 
or by the Serbian Office, shall be entered into the Register by the competent authority within a 
time period of one year from the date of coming into force of this Law, without requiring a separate application be filed. 
The competent authority shall issue the trademark validity certificate for trademarks for 
which rights validity applications have been f iled and it shall enter those trademarks into the 
Register within a time period of one year from the effectiveness date of the present Law. 
Requests for the renewal of a trademark, requests for transfer and requests for the change 
of name and address, for trademark referred to in paragraph 1 of the present Article shall be 
deemed as requests for entry into the Register.  
Trademarks referred to in paragraph 1 of the present Article, for which requests referred to 
in paragraphs 2, 3 and 4 of the present Articl e have not been filed, shall be effective in 
Montenegro if their holders file a request for ente ring such trademarks into the Register within a 
time period of one year from the date of  coming into force of the present Law. 
 
Community Trade Mark as an Earlier Trademark 
 
Article 66 
 Community Trade Mark which has been granted the earlier priority right referred to in Articles 22, 23 and 24 of the present Law by the Of fice for Harmonization in the Internal Market of 
the European Union, shall be considered as an earlier trademark pursuant to Article 7 of the 
present Article until Montenegro's accession to the European Union.   The holder of the Community Trade Mark referred to in paragraph 1 of the present Article shall be entitled to file an opposition referred to in Article 31 of the present Law if, until the 
opposition filing date he/she files the application fo r the registration of a trademark in Montenegro.  IP/N/1/MNE/T/1 
 
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By-laws 
 
Article 67 
By-laws for the enforcement of the present Law shall be adopted within six months from the 
date of coming into force of this Law. 
Until the adoption of the by-laws referred to in  paragraph 1 of the present Article, by-laws 
adopted on the basis of the Trademark Law ("O f f i c i a l  G a z e t t e  o f  S e r b i a  a n d  M o n t e n e g r o " ,  
Nos. 61/04 and 7/05) shall be applicable, unless they  are contrary to the provisions of the present 
Law. 
 
Cessation of the Application of the Law 
 
Article 68 
The Trademark Law ("Official Gazette of Serbia and Montenegro" Nos. 61/04 and 7/05) shall 
cease to be applicable as of the date of coming into force of the present Law. 
 
Effectiveness 
 
Article 69 
This Law shall enter into force on the eighth day from the date of its publication in the 
"Official Gazette of the Montenegro".  
SU-SK No. 01-386/7 
Podgorica 30 November 2010 
 
Parliament of Montenegro in its 24
th convocation 
Speaker of the Parliament 
Ranko Krivokapi ć (sgd.)  
 
 
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