Trademark Registration in Montenegro

In Montenegro, you must register your trademark to obtain exclusive rights over it, as the country follows a “first to file” system. Only in very exceptional cases can unregistered trademarks be protected.

Trademark applications are filed with the Intellectual Property Office of Montenegro ZISCG.

Montenegro is also a member state of the Madrid Protocol**, which allows you to extend an international registration to Montenegro. We offer services for trademark filing through the Madrid System if you wish to include Montenegro in an international portfolio.

Prior use of a trademark is not required for filing or registration, but evidence of use may be useful if you need to prove that your mark has acquired distinctiveness in order to overcome an objection.

If you register a combined trademark (word + logo), your exclusive rights will be limited to the exact configuration as filed and registered. If you plan to use the verbal element and the logo separately, it is advisable to file additional applications to protect each element independently.

To register a trademark in Montenegro, you will generally need:

• Original Power of Attorney, signed. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time frame to complete a trademark registration in Montenegro is around 24 months.

This is an estimate for straightforward cases and may vary depending on the complexity of the application, any objections raised by the examiner, or actions filed by third parties.

A registered trademark in Montenegro is valid for 10 years from the application date.

• It can be renewed indefinitely for further periods of 10 years.
• Renewal may be requested up to six (6) months before the expiration date.
• There is also a six (6) month grace period after expiration, during which the trademark may still be renewed upon payment of late renewal fees.

Yes. Opposition actions can be filed by third parties in Montenegro.

• For national applications filed directly with the local office, oppositions may be filed within three (3) months from the date the application is published in the Gazette of the Intellectual Property Office of Montenegro.
• For international registrations via the Madrid System that designate Montenegro, the opposition period is three (3) months starting on the first day of the month following their publication in the WIPO Gazette.

Oppositions are typically based on confusing similarity with earlier trademarks. The chances of success depend on the specific facts and evidence in each case.

A trademark does not need to be in use to be registered in Montenegro.

However, once registered, it must not remain unused for more than five (5) consecutive years. If the mark is not used within that period, it becomes vulnerable to cancellation actions for non-use brought by third parties.