IP/N/1/MNE/T/1/Add.1  
 
8 April 2013  
(13-1787)  Page: 1/6  
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 text1 of the Law on Amendments to 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 
MONTÉNÉGRO  
Addendum 
Le présent document contient le texte1 de la Loi portant modification 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  
Addendum 
En el presente documento se reproduce el texto1 de la Ley sobre Modificaciones 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/Add.1 
 
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LAW ON AMENDMENTS TO THE LAW ON TRADEMARKS 
The Law is published in the "Official Gazette of 
Montenegro", No. 44/2012 from 9.8.2012.  
Article 1 
In the Law on Trademarks ( Official Gazette of Montenegro , No. 72/10), in the heading of Article 5, 
in Article 5 paragraphs 1, 3, 4, 6 and 8, and in Ar ticle 63 paragraph 3, the word "Records," in all of 
its noun cases, shall be replaced by the word "Register" in the appropriate case form. 
 
Article 2 
Paragraph 2 of Article 20 shall be deleted. 
Paragraph 3 in the current law shall become paragraph 2. 
 
Article 3 
Following Article 26, a new article shall be added to read as follows: 
"Application Filing Date 
 
Article 26 a 
 
The date of filing an application containing the elements and information referred to in Article 20 paragraph 1 items 1 to 4 of this Law shall be recognised as the date of filing the 
application to the competent authority. 
 Upon receiving the application, the competent authority shall examine whether the application contains the elements and information required for the recognition of the date referred to in 
Article 20 paragraph 1 items 1 to 4 of this Law. 
 
If an application does not contain the elements and information referred to in Article 20 
paragraph 1 items 1 to 4 of this Law, the competen t authority is required to invite the applicant 
to remedy all the detected deficiencies within 30 days of receiving the notification.   
If an applicant remedies all the detected defi ciencies within the time limit referred to in 
paragraph 3 of this Article, the competent authority shall recognize as the date of filing of the application the date when the applicant rectified the shortcomings which were found.  
If an applicant fails to remedy the detected deficiencies within the time limit referred to in 
paragraph 3 of this Article, the competent authority shall reject the application.  
An application which contains the elements and information referred to in Article 20 
paragraph 1 items 1 to 4 of this Law shall be entered by the competent authority in the Register of Applications with the date and time of fili ng and the application’s number of entry in the 
Register." 
 IP/N/1/MNE/T/1/Add.1 
 
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  Article 4 
 
 Article 27 shall be revised to read as follows: 
 
"After entering it in the Register of Applications, the competent authority shall examine whether the application fulfils the requirements referred to in Article 20 paragraph 1 items 5 and 6 of this 
Law and contains all the elements and appendices pr escribed by the regulation governing in detail 
the trademark recognition procedure.  If an application does not fulfil the requirements  referred to in paragraph 1 of this Article, the 
competent authority is required to invite the app licant to remedy the detected deficiencies within 
60 days of receiving the notification.  
If an applicant remedies the detected deficiencies within the time limit referred to in paragraph 2 
of this Article, the application shall be deemed to have been orderly from the date of its filing.  
If an applicant fails to remedy the detected deficiencies within the time limit referred to in 
paragraph 2 of this Article, the competent authority shall reject the application.  At the request of the applicant, the time limit referred to in paragraph 2 of this Article may be 
extended by 60 days at most. 
 If an applicant does not submit the evidence re quired for the recognition of a priority right 
referred to in Articles 23 and 24 of this Law, the request for the recognition of a priority right shall 
be rejected." 
 
Article 5 
  
In Article 42 paragraph 3 the words: "provide d that the double amount of the required 
administrative fees be paid" shall be replaced by the words: "provided that the prescribed 
administrative fees be paid." 
 
Article 6 
 
Article 49 shall be revised to read as follows: 
 
"A trademark holder and/or applicant may file a request for the international recognition of a trademark, through a competent authority. 
 
The request referred to in paragraph 1 of this Article shall be accompanied by the following: 
 
1)  a representation of the mark; 
2)  a list of good 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 not orderly, the competent authority shall notify the applicant in writing to remedy the detected deficiencies within a period 
of 30 days. 
 
If the applicant fails to remedy the detected deficiencies within the time limit referred to in 
paragraph 3 of this Article, the competent authority shall reject the application. 
 
If in accordance with the Madrid Agreement and the Madrid Protocol the request cannot be 
submitted to the competent authority, the request shall be rejected.  
 If the request is complete and if the prescrib ed administrative fees have been paid, the 
competent authority shall forward the application to the International Bureau. 
 IP/N/1/MNE/T/1/Add.1 
 
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  The provisions of this Article shall apply accord ingly to the filing of requests for subsequent 
designation and entry of changes in the International Register.  The contents of the request for international regi stration of a trademark and the request for the 
entry of changes in the international register, as  well as evidence submitted with the request, 
shall be regulated by the Ministry.  
Article 7 
 
Three new articles shall be added after Article 49, to read as follows: 
 
"Fees 
 
Article 49 a   
 
The fees payable in accordance with the Madrid Agreement and the Madrid Protocol shall be paid 
directly to the International Bureau.  
 
Entry in the Trademark Register 
 
Article 49 b 
 
The date and number of the international trademark registration shall be entered in the Register, 
provided an international registration of the trademark has been effected based on an international 
application. 
 
Transformation of an Internationally Registered Trademark into a  
National Trademark Application 
 
Article 49 c 
If by the date of deletion of an international registration from the international register all 
requirements prescribed by the Madrid Protocol  for a transformation of an internationally 
registered trademark which is protected in Monten egro have been filfilled, at the request of its 
holder the trademark shall be entered in the Regi ster, provided the prescribed administrative fee 
for acquiring the trademark for a period of ten years and a duty for special costs for a publication 
of a recognised trademark have previously been paid.  
The registration date of a national trademark ef fected by a transformation in accordance with 
paragraph 1 of this Article shall be the date of the international registration of the trademark which is the basis for the transformation.  
An internationally registered trademark which is not protected on the territory of Montenegro until 
the date of the deletion of the international registration from the international register, in connection with which procedures and measures have been undertaken before the competent 
authority and which procedures and measures are in progress by the date of filing the request for 
transformation, shall be deemed an integral part of the of national trademark application procedure implemented in accordance with provisions of this Law.  
 
The date of the national trademark application refe rred to in paragraph 3 of this Article proceeding 
from a request for transformation shall be the date of the international registration of the trademark for which expansion of protection to the territory of Montenegro has been sought." 
 IP/N/1/MNE/T/1/Add.1 
 
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  Article 8 
 
Article 50 shall be revised to read as follows: 
 
"Provisions of this Law shall be applied to international registrations of trademarks whose 
protection has been expanded to the territory of  Montenegro based on the Madrid Agreement and 
the Madrid Protocol, concerning questions not regulated by those compacts, unless prescribed 
otherwise by Articles 50 a, 50 b and 50 c of this Law." 
 
Article 9 
 
Three new articles shall be added after Article 50, to read as follows: 
 
"Opposition to an International Trademark Registration 
 
Article 50 a   
 
The publication of the international registration of a trademark in the official journal of the 
International Bureau of the World Intellectual Property Organization shall be considered as the 
publication of the trademark registration in Montenegro. 
 The time limit for submitting an opposition to international registration of a trademark shall begin running from the first day of the month following the month marked on the issue of the official 
journal of the International Bureau of the World Intellectual Property Organization in which the 
international trademark registration was published.  
If following an opposition to an international registration of a trademark a registration has been 
provisionally refused, the competent authority is required to notify the holder of the internationally registered trademark in writing about the provisional refusal, and invite the holder to appoint a 
representative, who is required to submit to the competent authority a power of attorney within 
four months of the date of receiving notice of the rejection. 
 A copy of the opposition shall be delivered to th e representative following the submission of the 
power of attorney. 
  
The time limit for submitting a response to the oppo sition shall be 60 days from the date of receipt 
by the representative of the copy of the opposition.  
 
Refusing to Protect International Trademark Registration 
 
Article 50 b 
 
By exception from Article 28 paragraph 3 of this Law, for a holder of an international trademark 
registration the time limit for submitting evidence which could be of influence for the final decision of the competent authority shall be four months from the receipt of a written notice about the 
reasons for provisional rejection of registration. 
 
If the holder of an international trademark registration referred to in Article 50 of this Law does 
not respond to the provisional notice of the compet ent authority on the intention to refuse validity 
of the mark in Montenegro, the competent authority shall issue a decision on refusing the validity 
of the trademark, which shall after its finality be submitted to the International Bureau. 
 IP/N/1/MNE/T/1/Add.1 
 
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  Proving the Use of an Internationally Registered Trademark 
 
Article 50 c 
 For the needs of proving the use of an intern ationally registered trademark in a procedure 
concerning an opposition, a legal action for a deletion of a trademark from the Register, or a legal 
action challenging the right to a trademark, the date of the international registration of the 
trademark shall be the date of expiry of a period  of one year after the day following the date of 
receipt of notification from the International Bure au of the request to extend protection of an 
internationally registered trademark to the territory of Montenegro. 
 If at the expiry of the one-year time limit referred to in paragraph 1 of this Article the procedure in 
connection with a request to expand protection of an internationally registered trademark to the territory of Montenegro has not been completed, th e date of international registration shall be the 
date when the competent authority notified the International Bureau of its final decision on 
granting protection." 
 
Article 10 
 
Article 66 shall be deleted. 
 
Article 11 
 This Law shall enter into force on the eighth day from the date of its publication in the Official 
Gazette of Montenegro . 
 No. 07-2/12-1/5 
EPA 866 XXIV 
Podgorica, 26 July 2012  
 
Parliament of Montenegro on its 24
th convocation 
  
Speaker of the Parliament, 
Ranko Krivokapi ć (sgd.) 
 
 
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