First edition of Official Gazette published

On February 10 2010 the Montenegro IP Office issued the first edition of the Official Gazette, which featured 100 registered trademarks and 50 patents. Two more editions are expected to be published this year.
The office started operating on May 28 2008 (for further details please see "Montenegro Intellectual Property Office to open"). At first, it had a very small number of staff, and its activity was restricted to accepting trademark and patent applications and requests to revalidate Serbian applications. However, it did not process the applications. Following an increase in staff numbers in the autumn of 2009, the office started examining trademark applications.
The 100 trademarks that were published in the first issue of the Official Gazette represent about 3% of all trademark applications currently pending in Montenegro, namely:
  • 2,000 new applications; and
  • 800 applications for the revalidation of pending Serbian trademark applications.
These applications will be examined based on absolute and relative grounds, as provided for by the Trademark Law. Currently, opposition proceedings are not available, but it is possible to file an informal letter of protest (notice of observation). The new Trademark Law, which is expected to be enacted later this year, is likely to provide for opposition proceedings. In any event, if a trademark was registered despite the fact that it did not fulfil the conditions for trademark protection, it will be possible to challenge the registration in an invalidation action.
In addition to the 2,800 pending applications, around 20,000 Serbian trademarks have been automatically recognized in Montenegro, without any formalities. Only 4,000 of these trademarks have so far been entered into the Montenegro database, either:
  • through the renewal process; or
  • following a request for the issuance of a Montenegro certificate of recognition.
Gordana Pavlovic, Cabinet Pavlovic, Brussels and Belgrade

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