Montenegro
GENERAL INFORMATION
Area: 13,812 sq. km.
Population: 599,849 (2024).
Capital: Podgorica.
Language: Montenegrin.
Currency: Euro.
GENERAL REMARKS
Montenegro was one of the six republics of the former Socialist Federal Republic of Yugoslavia. It became an independent state on June 3, 2006.
Montenegro established its own IP Office in May 2007 and it started operating on May 28, 2008.
PATENTS OF INVENTION
LEGAL BASIS
- Patent Law, passed on July 16, 2015, published in the Official Gazette of Montenegro No. 42/15 of July 29, 2015, came into effect on August 6, 2015, last amendments in force since March 27, 2025.
- Decree on Procedure for Grant of Inventions, published in the Official Gazette of Serbia and Montenegro No.2/62 of December 2004, came into effect on January 1, 2005.
- Decree on Ensurance of IP Protection, published in the Official Gazette of Montenegro No. 61/2007 of October 12, 2007, in force since October 20, 2007, with amendments published in the Official Gazette of Montenegro No. 70/2008.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since June 3, 2006.
- Patent Cooperation Treaty (PCT), since June 3, 2006.
- Agreement between the Government of Montenegro and the European Patent Organization on extension of European patents, since March 1, 2010 (terminated with the entry into force of the EPC on October 1, 2022, but still applicable to European patent applications filed prior to October 1, 2022, and European patents granted in respect of such applications).
- European Patent Convention (EPC), since October 1, 2022.
FILING REQUIREMENTS
- Specification (EPO type) and abstract;
- Drawings (if any);
- Certified copy of the priority application(s), if any (not required for the national phase of a PCT application);
- Power of Attorney, no legalization (can be filed subsequently);
- Copy of the PCT documentation: PCT publication, International Search Report, Written Opinion (if any), response to the Written Opinion (if any), Preliminary Examination Report and the amended sheets (if any).
PCT applications: any international application where Montenegro is designated or elected shall be deemed to be an application for extension of the European patent to Montenegro, and the European Patent Office shall act as designated or elected Office under the PCT. Also, the European Patent Office shall act as the competent authority for the searching and international preliminary examination of international applications filed with the responsible authority acting as receiving office under the PCT. Time limit for entering the national phase: 30 months from the priority date (as for the European applications).
Extension of European Patents: an agreement was signed with Montenegro on February 13, 2009. From March 1, 2010, it was possible to extend to Montenegro the protection conferred by European patent applications and patents directly. This option still exists for all European patent applications filed prior to October 1, 2022, and European patents granted in respect of such applications.
European patent: a European patent application may be filed with the European Patent Office or the competent authority of Montenegro, and that a European patent application, which is granted a filing date, and which indicates Montenegro, is identical to a valid national patent application. Also, it is prescribed that a European patent indicating Montenegro, provides the same rights as the national patent from the date when the European Patent Office publishes the statement on the grant of the European patent in the European Patent Bulletin. The patent holder is obliged to submit within three months from the grant of a European patent in the European Patent Bulletin, to the competent authority of Montenegro, an application for entry of a European patent in the Patent Register of Montenegro, with a translation of the patent claims into Montenegrin language and pay the publishing fee and the fee for printing translation of the patent claims.
REMARKS
Validity: after formal examination – valid for 20 years from the filing date.
Annuities: are due for the third and each following year for patent applications and patents counting from the filing date.
Opposition: not provided for
TRADE AND SERVICE MARKS
LEGAL BASIS
- Montenegrin Trademark Law, passed on November 30, 2010, published in the Official Gazette of Montenegro No. 72/2010 of December 8, 2010, in force since December 16, 2010, last amendments in force since October 1, 2024.
- Decree on Ensurance of IP Protection, published in the Official Gazette of Montenegro No. 61/2007 of October 12, 2007, in force since October 20, 2007, with amendments published in the Official Gazette of Montenegro No. 70/2008.
- By-Laws regulating application of the Trademark Law will be adopted within six months from the date of coming into force of the Trademark Law. Until then, the By-Laws adopted on the basis of the previous Trademark Law (Official Gazette of Serbia and Montenegro No. 61/04 and 07/05) shall continue to be applied, unless they are contrary to the current Trademark Law.
- Regulation on the Procedure for Recognition, Changes, Renewal of the Validity and International Registration of Trademarks, published in the Official Gazette of Montenegro No. 50/2011 dated October 21, 2011.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since June 3, 2006.
- Madrid Agreement, Stockholm Act, since June 3, 2006.
- Madrid Protocol, since June 3, 2006.
FILING REQUIREMENTS
- Power of Attorney, not legalized (can be filed subsequently);
- 3 prints (except for word marks); size: min. length 1.5 cm, max. size 8 x 8 cm; or electronic sample;
- List of goods and services, grouped according to the International Classification;
- Priority document, if any.
REMARKS
Kinds of protection: verbal, pictorial, three-dimensional and other designations or their combinations. Service marks are registrable. Besides the original version, filing of word mark applications in the Cyrillic alphabet is highly recommended.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period after the publication date may lead to cancellation.
Duration – renewals: 10-year period after the filing date or last renewal date.
Opposition: can be filed within ninety days from the date of publication of the application by the owner of an earlier mark on relative grounds. Interested persons can only notify the IP Office about the existence of an identical or similar sign or other reasons for refusal.
INDUSTRIAL DESIGNS
LEGAL BASIS
- Law on Protection of Designs, published in the Official Gazette of Montenegro No. 80/2010 of December 30, 2010, in force since January 8, 2011, last amendments in force since October 1, 2024.
- Regulation on the Procedure for Recognition, Changes and Renewal of the Validity of Industrial Design, published in the Official Gazette of Montenegro No. 12/2012 dated February 24, 2012.
- Decree on Ensurance of IP Protection, published in the Official Gazette of Montenegro No. 61/2007 of October 12, 2007, in force since October 20, 2007, with amendments published in the Official Gazette of Montenegro No. 70/2008.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since June 3, 2006.
- Hague Agreement, Geneva Act, since March 5, 2012.
FILING REQUIREMENTS
- Power of Attorney, not legalized (can be filed subsequently);
- Applicant’s Declaration;
- Description of the design (no longer mandatory);
- Photographs or drawings or design suitable for reproduction;
- Name of product of which a design is a part or on which it is applied;
- Priority document, if any
REMARKS
Duration – renewals: after formal examination: 25 years from the filing date.
Opposition: not provided for.
DOMAIN NAMES
LEGAL BASIS
- There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist
FILING
- ccTLD: .me
- Applicant: legal entities and individuals.
- Local presence: required for sub-domains only.
REMARKS
Duration – renewals: one to ten years, renewable for like periods.
Uniform dispute resolution procedure: before the WIPO Arbitration and Mediation Center.
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