Montenegro to Amend Trademark Law

Montenegro has recently drafted amendments to its trademark law in order to harmonize it with the European Union trademark legislation. It is expected that the amendments will be adopted soon.

The amended law more precisely regulates the trademark registration process and trademark infringement court proceedings.

The provisions concerning well-known trademarks and trademarks with reputation have been aligned with the corresponding provisions of the Directive 2008/95/EZ.

The amended law clearly outlines the conditions, the authorized persons 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 been amended as well. The new law also permits cancelling trademarks that have become generic as well as trademarks that are likely to cause confusion with existing marks, in line with Directive 2008/95/EZ.

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 of damages, usual compensation, unjust enrichment, preliminary injunctions, securing evidence and the publication of court decision.

Finally, the amended law stipulates monetary fines in case of trademark infringement. The fine in the amount of EUR 1,500 – 20,000 (USD 2,100-28,000) may be imposed against a legal entity in case of the unauthorized use of a trademark. The amendments stipulate fines in the amount of EUR 500-2,000 (USD 700-2,800) for physical persons and the responsible person within a legal entity, and the fines in the amount of EUR 1,300-6,000 (USD 1,800-8,300) for entrepreneurs.

By: Jasna Jusic

For more information, please contact Jasna Jusic at our Montenegro office.