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Montenegro
Trademark opposition system
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Montenegro
Trademark opposition acceptance agency
The trademark opposition in Montenegro is uniformly accepted and processed by the Montenegro Intellectual Property Office (Zavod za Intelektualnu Svojinu Crne Gore, abbreviated as ZISCG). This institution is the official authority responsible for managing trademark registration, examination, opposition, and revocation in the Republic of Montenegro.
objection to a trademark
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Timing of Trademark Objection
Objections have strict time limits:
1. Critical period:After the preliminary examination of the trademark application is qualified, ZISCG will publish the trademark application in the official gazette.
2. Objection Window:Interested parties may raise objections within 3 months from the date of trademark announcement.
3. Overdue expiration:Beyond this 3-month statutory period, it will no longer be possible to block the registration of the trademark through opposition procedures.
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Basis for Trademark Objection Application
Objections must be based on legitimate reasons as stipulated in the Industrial Property Law of Montenegro, mainly including:
（1） Absolute reason:
1. The trademark lacks distinctiveness (consisting only of descriptive, generic name, or graphic elements).
2. Trademark violates public order and good customs or deceives the public.
3. Trademarks include protected national symbols, international organization emblems, etc.
4. A trademark is only composed of the shape of the product itself, the shape required for its function, etc.
（2） Relative reasons:
1. Conflict of prior trademark rights:Possible confusion with identical or similar trademarks that have been registered or previously applied for on the same or similar goods/services.
2. Famous Trademark Protection:Damage to trademarks that are well-known within the territory of the Paris Convention or WTO member states (regardless of whether they are registered in Montenegro).
3. Prior conflict of rights:Infringement of prior copyright, industrial design rights, name rights, portrait rights, trade name rights, etc. of others.
4. Proxy registration:Unauthorized registration of the trademark of the principal or representative by the agent or representative.
5. Malicious registration.
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Trademark opposition process
1. Submit objection application:The objector (or authorized agent) shall submit a written objection application to ZISCG within 3 months after the announcement, clearly stating the reasons for the objection, the legal provisions on which it is based, and providing relevant evidence (such as prior trademark registration certificate, use evidence, reputation evidence, prior rights proof, etc.).
2. Formal review:ZISCG reviews whether the objection application meets the formal requirements (such as whether it is within the deadline, whether the fees have been paid, and whether the reasons are clear).
3. Notify the objector:ZISCG will deliver a copy of the opposition application and relevant evidence materials to the opposed trademark applicant (the opposed party).
4. Respondent's defense:The objector usually submits written defense opinions and rebuttal evidence within 30 days after receiving the notice.
5. Evidence exchange/supplementation:ZISCG may allow both parties to supplement evidence or submit comments within a certain period of time.
6. Substantive examination and ruling:ZISCG conducted substantive examination based on the materials submitted by both parties and legal provisions, and ultimately made an administrative ruling stating that the objection was established (rejection of the opposed trademark application) or not established (approval of the opposed trademark registration).
7. Delivery ruling:ZISCG will deliver a written ruling to both parties.
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Trademark opposition period
The time required for the objection procedure varies depending on the complexity of the case, the efficiency of the submission of materials by both parties, and the backlog of ZISCG cases
1. General cycle:It usually takes 12 to 24 months from submitting objections to receiving ZISCG rulings.
2. Main influencing factors:
Sufficiency and complexity of evidence:The case involves a large amount of evidence or complex legal issues, which may prolong the review time.
Cooperation between both parties:Whether to submit materials on time, whether to apply for an extension, etc.
ZISCG workload:The official speed of handling cases.
3. Subsequent procedures:The party dissatisfied with the ZISCG ruling may file an administrative lawsuit with the Montenegro Commercial Court (Priveredni sud Crne Gore) within 15 days after receiving the ruling. The litigation process will significantly prolong the entire dispute resolution cycle.
Important Notice:
Professional agent:Given the complexity and legality of the program, it is strongly recommended to entrust a professional lawyer or trademark agent familiar with Montenegrin trademark law to handle opposition matters.
Language requirements:All documents submitted to ZISCG (including objection applications, evidence materials, etc.) must be in the official language of Montenegro (Montenegrin).
Evidence is king:Adequate, effective, and well-organized evidence is the key to successful dissent.
Timely monitoring:For trademark owners, closely monitoring official announcements is the only way to promptly identify potential conflicting trademarks and exercise their right to object (which can be achieved through trademark monitoring services).
