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Amendments to Trademark Laws

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Mrz 23, 2023 (Newsletter Issue 4/23)
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Trademark Law Amended

The amending Law published in the Montenegrin Official Gazette No. 44/2012, 18/2014, 40/2014, 2/2017 serves to harmonize the national trademark legislation with Directive (EU) 2015/2436. It was published in the Montenegrin Official Gazette No. 3/2023 on 10 January 2023 and entered into force on 18 January 2023.

Some of the amendments are the following:
- removal of the graphical representation requirement of a registered trademark;
- expansion of the list of absolute reasons for refusal and other relative grounds of refusal, i.e., invalidation of a trademark, in the part that refers to the protection of traditional expressions for wines, guaranteed traditional specialties and plant varieties;
- expansion of the scope of rights held by a trademark holder in relation to use of its right, in relation to goods in transit and preparatory actions related to the use of packaging or other means;
- more detailed calculation of terms for proving the use of international trademarks in opposition, invalidation or cancellation proceedings;
- changes in the procedure related to objections filed by third parties and oppositions to trademark registration before the competent authority;
- changes in the proceedings for invalidation/cancellation of a trademark, as well as a change of the competent authority before which the said procedures will be conducted, from the court to the competent administrative body;

For a list on amendments and more information, please click here