Trademarks in Montenegro are subject to intellectual property rights and are regulated by the provisions of the Trademark Law which entered into force in 2010. They are defined as distinctive names, symbols, figures or words used by a manufacturer in order to designate specific products and to distinguish them from other similar products on the market.
In order to oppose a trademark in Montenegro, a specific legal procedure must be undertaken. Our lawyers in Montenegro can give you extensive information on the matter.
The opposition of a trademark is a step in the procedure of trademark registration in Montenegro. Once an application for trademark registration is submitted and published by Intellectual Property Gazette of Montenegro, an opposition can be filed within 90 days. There is a 90 days deadline for filing the opposition against trademark registration counted as from the date that follows the date of publication. The opposition to a trademark can be made by any businessmen and Montenegrin company on the basis of serious grounds of refusal. Reasons for opposing a trademark include the following:
• The mark is identical or confusingly similar to other already registered trademarks;
• There is a prior registration application for the same mark;
• The mark is against public order, morality or public policy;
• The mark has an unauthorized content – it contains a person name or picture;
• The mark has a prohibited content – a national or religious symbol;
• The mark is deceptive – it creates confusion on the market due to its nature or quality.
You can rely on the professional help of our law firm in Montenegro if you want to start the trademark opposition process.
According to the Trademark Law in Montenegro, the opposition against a trademark can be done by its proprietor or user and by an authorized agent. A natural person or any type of company can oppose the registration of a trademark if she/he has serious grounds for doing so. The principle of reciprocity stipulated in the commercial law in Montenegro gives foreign entities the same rights with respect to trademark protection and opposition. The proprietor of a trademark can be represented by an authorized agent in the procedure of opposing a trademark. This authorized agent has to present to the Intellectual Property Office a valid power of attorney in order to oppose a trademark registration.
Feel free to contact our attorneys in Montenegro if you want to oppose a trademark through an authorized agent and need to conclude power of attorney.
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