How to register your trademark in Montenegro

Registering your trademark in Montenegro is a strategy for business based many opportunities to access important markets in Europe and the Mediterranean. The Bar Seaport is an important shipping hub, connecting with Italy, Greece and other countries. Montenegro has a majestic natural landscape with mountains, seas and biodiversity reserves, attracting ecotourism and resort. Montenegro’s natural resources are abundant, minerals such as copper, lead, bauxite create mining and export potential, and water resources are abundant for agriculture, hydropower and other industries. To encourage and attract domestic and foreign investment, the Montenegrin government encourages foreign investment and adopts stable macroeconomic policies and a competitive tax system and simplified administrative procedures to attract new businesses. Therefore, more and more businesses are expanding their business scope here, in order to be able to distinguish their trademarks from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Montenegro through the article below.

Legal basis

• Trademark Law (Official Issue of Montenegro, No. 72/2010, 44/2012, 18/2014, 40/2016, 2/2017 and 3/2023)

Definition of “trademark” in Montenegro

Montenegro’s Trademark Law defines a trademark as the right to protect a mark used in commerce to distinguish the goods and/or services of an individual or legal entity from the same or identical goods and/or services of another person or legal entity. Any mark that may be represented by images may be protected as a trademark. A trademark may include the following elements:

• Words, slogans
• Letters, numbers
• Pictures, drawings
• Color combinations
• Three-dimensional shapes
• Combination of the above factors
• Musical clusters are represented by musical notes, etc.

Trademarks can be individual marks or collective marks. According to this law, seals, stamps and inspection marks (official marks for marking precious metals, measurement, etc.) are not considered trademarks. The nature of goods or services related to a trademark is not an obstacle to trademark registration.

Other types of trademarks protected in Montenegro

International registration of trademarks for the territory of Montenegro

According to the Madrid Agreement on the International Registration of Trademarks (hereinafter referred to: the Madrid Agreement), and/or the Protocol relating to the Madrid Agreement on the International Registration of Trademarks (hereinafter referred to as: the Madrid Protocol).

Famous brands in Montenegro

Within the meaning of Article 6 of the Paris Convention for the Protection of Industrial Property (hereinafter referred to as the Paris Convention) and Article 16 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) with the World Trade Organization (WTO).

European Community Trademark

Being registered with the Office of Internal Market Regulation (OHIM) will come into force after Montenegro joins the European Union. OHIM is the European Community Designation and Trademark Office, now renamed EUIPO (European Union Intellectual Property Office)

Trademark registration documents in Montenegro

To register a trademark in Montenegro, the applicant needs to prepare the following documents:

Application Form: Download the official trademark application form from the website of the Internal Market and Competition Administration of the Ministry of Economic Development and Tourism (https://www.gov.me/en/documents/34901701-7bbc-4edc-93a8-88c83fe92458).Complete the application form including:

• Personal/company information (name, address, nationality)
• Representation information (if the applicant applies through an intellectual property representative)
• Brand information (brand type, description, class of goods/services)
• Priority request information (if applicable, priority request from an application submitted in another country)

Brand representation: Depending on the type of brand of the applicant, the applicant needs to provide a clear representation:

• Text Brand: Submit the actual text that the applicant wishes to register. If using non-Cyrillic/Latin characters or a foreign language, include a Montenegrin translation.
• Image Branding: Provide an image file (e.g. JPG, PNG) that describes the logo, design, or icon.
• Hybrid Branding: Clearly demonstrates the combination of text and image.
• 3D/Motion branding: Prepare detailed written descriptions of 3D or motion elements, along with brand introduction videos.
• Brand Color/Color Combination: Submit a clear visual image of the specific color or color combination that the applicant wants to register.

Power of Attorney (if applicable): Although not required, applicants should consider including a Power of Attorney (POA) authorizing Montenegrin attorneys or intellectual property representatives to handle the application process on the applicant’s behalf.

Fees: The applicant needs to pay an official government fee to file a trademark application. Applicants need to pay additional fees for:

• Issuance of registration certificate (if successful)
• Submitting multiple classes of goods/services in the applicant’s application

How to file for trademark registration in Montenegro

To file for trademark protection in Montenegro, you can apply by the following filing methods:

• Direct submission: Customers can go directly to the Internal Market and Competition Administration, Ministry of Economic Development and Tourism, Rimski trg 46 81000 Podgorica to submit the application and related documents.
• By Post: You can send your application form and all required documents via postal service or courier service to the address of the Internal Market and Competition Administration of the Ministry of Economic Development and Tourism, the address Rimski trg 46 81000 Podgorica.

Registration of trademark protection in Montenegro through the Madrid System

The Madrid system is a convenient and cost-effective Montenegrin league for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• Montenegro acceded to the Madrid Agreement on 3 June 2006.
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Montenegro acceded to the Madrid Protocol on 3 June 2006.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Singles with Montenegrin designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or Montenegrin;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

If you want to apply for trademark registration, please contact Viet An Law for the most effective support.

Update: 9/2024