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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
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If I register my trademark in Montenegro, do I have protection in other territories?
The territorial limit of registration is the territory of Montenegro.
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Do I need to sign a Power of Attorney?
Yes, a power of attorney is necessary.
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Are there any benefits from a pre-filing use of the trademark?
- Pre-filing use may demonstrate acquired distinctiveness
- Pre-filing use may help overcome an opposition to a trademark application on the grounds of non-distinctiveness
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Montenegro?
- names
- words
- certain three-dimensional shapes
- devices
- colours
- slogans
- collective marks
- trade dress/get-up
- well-known marks
- sounds
- service marks
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What are the phases of application after a trademark has been filed in Montenegro?
The order of the application process is as follows:
- Examination of the application in respect to:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- Publication of the following information:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- application number
- application date
- goods/services
- priority claim information
- representation of trademark
- Registration
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What type of trademark is not registrable?
- marks contrary to moral standards or public order
- generic terms
- names, flags or symbols of states, nations, regions, or of international organizations
- non-distinctive marks or marks without acquired distinctiveness
- marks that function principally as geographic location names
- marks that designate the type, time, weight, purpose, or method of production, price, quality, quantity or other characteristics of the goods and/or services
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Does Montenegro use the "Nice Classification" system?
The Nice Classification System is effective in Montenegro.
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Does the Community Trademark apply for Montenegro?
Montenegro is not a party to the European Union. Hence, the European Union Trade Mark (formerly Community Trade Mark) registration is not effective in this jurisdiction.
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Is there any possibility to claim priority in Montenegro?
Priority application is possible to claim:
- if the applicant's home country is a member of the Paris Convention
- if the home application was filed within six months prior to the application in Montenegro
- if the applicant's home country is a member of the World Trade Organization
- if an International Registration can be designated in Montenegro
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What do I need to do to satisfy the use requirement?
A trademark must be used within five years from the registration date.
The amount of use must be on a commercial scale and must occur in Montenegro.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the application date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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Is it legal to use my trademark even if it is not yet registered?
It is illegal to use an unregistered mark for pharmaceutical products.