On 30 November 2010, the Government of Montenegro adopted the new Trademark Law. The law was published in the Montenegrin Official Gazette on December 8, 2010 and came into force on December 16, 2010.
The important provisions of the new law are as follows:
- All Serbian trademarks registered before 28 May 2008 that have not yet been re-registered or renewed in Montenegro will have a 12 month term to be re-registered in Montenegro. This term expires on 16 December, 2011. In order for a trademark to be re-registered, it will be necessary to obtain a certificate of validity from the Serbian IP Office. Any additional requirements will be prescribed by the corresponding by-laws regulating the new law, which will be adopted within the next six months.
- The new law provides for opposition procedure for new trademark applications. After formal examination, trademark applications will be published in the Montenegrin IP Office Gazette and will be subject to opposition by third parties within a term of 90 days from the date of publication of the trademark application.