Montenegro
The IP Office of Montenegro is functional since May 28, 2008 and term for validation of trademarks, patents and designs valid in former Serbia and Montenegro Union is 28 May 2009.
Namely, Government of Montenegro on the 12 October 2007 published the Decision on validation of Intellectual Property Rights valid at the Office of the former State Union of Serbia & Montenegro or valid at the Intellectual Property Office of Serbia after the date of separation of Montenegro from the State Union – 3 June 2006.
Generally, mentioned Decision provides that all intellectual property rights valid and properly recorded at the IP Office of Serbia & Montenegro until June 3, 2006, or, at the IP Office of Serbia after that date until May 28, 2008 are valid in Montenegro.
The validity of granted rights is provided until expiration of the corresponding right in Serbia, until the date when the next annuity or renewal fee is due. No special re-registration or revalidation procedure is required for granted rights.
On the other hands, all assignments, changes and other recordals that need to have a legal effect in Montenegro should be recorded at the IP Office of Montenegro.
REQUIREMENTS FOR FILING THE NEW APPLICATION
For Patent, Trademark & Design application:
- Name and address of the Applicant(s)
- The name and address of the inventor(s)
- When claiming priority, the country, date and application number of the priority application (the original Priority document which can be submitted subsequently within three months as from the Application date)
- One single, simply signed Power of Attorney (PoA) for each individual clinet (not for eash case) is require, but not necessary at the time of filing (PoA can be submitted subsequently within 30 days as from the date of receipt of the Official Invitation from the Office. This term can be extended).
Plus for Trademark application
- Wording or representation of the trademark
- List of goods and services, if possible according to Nice Classification 8th edition (Classes 1 - 45)
Plus for Patent Application:
- One set of application documents including description, claims, drawings (if any);
- The document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently, within 30 days as from the receipt of the official invitation. This term can be extended.
Other IP information
TRADE MARKS
Registration Procedure
- The Application is filed and examined with the Intellectual Property Office of Serbia
- The Office examines absolute and relative grounds for refusal
- The registration procedure takes one year as from the application date
Duration:
- Upon payment of ten years protection fees, the Trademark is valid for 10 years as from the application date
- Upon payment of renewal fees, the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last six months of previous ten years protection period or up to six months after the expiration date with a fine of 50% of the renewal fees.
PATENTS
National Patent Application:
- The Application is to be filed within 12 months as from the priority date.
- Translation of description, claims and abstract into Serbian/Montenegrian language, can be filed subsequently.
PCT - National Phase Patent Application:
- The Application is to be filed with the Office within 30 (31) months as from the Priority Application date.
Registration Procedure
- Application is to be published within 18 months as from the application date or as from the priority date
- Request for substantive examination is to be filed within 31 months as from the priority date for the national phase of PCT Applications or within 6 months as from the publication date for the national applications.
Duration of granted Patents and Petty Patents
- 20 years as from the application date for National Patents
- 20 years as from the International filing date for the PCT - National phase Patents
- 10 years is valid Petty Patents as from the application date
- The protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or six months after the expiration of the protection period at the latest with 50% fine
Recording changes in the Register (Patents, Petty Patents, Trademarks, Designs)
Requirements for recordal of Assignment of rights
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee. Document must be legalized by the Apostille or notarized by Notary Public
Requirements for recordal of Change of name
- Power of Attorney indicating the new name, simply signed by a representative of the Company;
- Extract from the Company Registers showing the change of name or Statement of the Secretary of State showing the change of name
Requirements for recordal Change of address
- Power of Attorney indicating the new address, simply signed by a representative of the Company