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Amendments to Trademark Laws

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Jan 01, 2011 (Newsletter Issue 1/11)
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Procedure for Validation of Serbian Trademarks

The new Trademark Law in Montenegro entered into force on December 16th, 2010. According to the provisions of the new Trademark Law, national Trademarks registered before the IPO of Serbia prior to May 28, 2008 (date of opening of the Montenegrin IPO) have to be validated before the IPO of Montenegro.

It will be necessary to provide proof of registration of Serbian National Trademarks and to file a claim for entry into the Trademark register of Montenegro.

Please find below details of the procedure for entrance of Serbian Trademark Registrations into the Trademark Register of Montenegro:

- Obtaining of the Serbian Validity Certificate and forwarding of the same to Montenegro

- Submission of the Serbian Validity Certificate, filing a claim for entry into the Trademark Register of Montenegro and payment of fees for publication in the Intellectual Property Gazette of Montenegro

- Publication of the Trademark in the Intellectual Property Gazette of Montenegro and issuance of the Decision on entrance into the Trademark register of Montenegro

All the rights of the Serbian national trademarks which comply with the above requirement will preserve the same priority and renewal date as in Serbia.

The deadline for complying with the above mentioned procedure is 1 year from the date of entering into force of the new Law – December 16th, 2011. Failure to do so will result in loss of protection of the referenced Serbian national trademark in Montenegro.

The above requirement is not deemed necessary for any Montenegro mark based on a Serbian national trademark for which an action has already been taken directly before the Montenegro IPO prior to December 16th, 2010 (such as renewal, assignment, change of name, etc.).

Source: Zivko Mijatovic & Partners, Montenegro