Trademark legislation to be amended

Montenegro has recently drafted amendments to its trademark law in order to harmonise it with the EU trademark legislation. It is expected that the amendments will be adopted in the near future.

The amended law regulates the trademark registration process and court proceedings for trademark infringement. The provisions concerning well-known trademarks and trademarks with a reputation have been aligned with the corresponding provisions of the EU Trademarks Directive (2008/95/EC).

The amended law clearly outlines the authorised parties and the procedure related to the invalidation of trademarks and collective trademarks. The provisions regulating the procedure for cancellation of a trademark due to non-use have also been amended. The new law permits the cancellation of trademarks that have become generic, as well as of trademarks that are likely to cause confusion with existing marks, in line with the directive.

In addition, the amended law further strengthens civil protection in case of trademark infringement. To that end, the law includes additional provisions on:

• the seizure and destruction of goods;
• compensation for damages;
• unjust enrichment;
• preliminary injunctions;
• securing evidence; and
• the publication of court decisions.

Finally, the amended law provides for monetary fines in case of trademark infringement. A fine of between €1,500 and €20,000 (between $2,100 and $28,000) may be imposed on a legal entity in case of unauthorised use of a trademark, while a fine of between €500 and €2,000 (between $700 and $2,800) will be imposed on a physical person or the responsible person within a legal entity, and a fine of between €1,300 and €6,000 (between $1,800 and $8,300) will be imposed on entrepreneurs.

Jasna Jusic, PETOŠEVIC, Podgorica