New Trademark Law entered into force on 16 December 2010. According to the provisions of the new Trademark Law, national Trademarks registered before the IPO of Serbia prior to 28 May 2008 (date of opening of the Montenegrin IPO) have to be validated before the IPO of Montenegro. Namely, it will be necessary to provide proof of registration of Serbian National Trademarks and to file a claim for entry into the Trademark register of Montenegro. This requirement consists in acquiring a validity certificate from the Serbian Trademark Office and filing this validity certificate with the Montenegro Trademark Office along with the claim for entry into the Trademark Register of Montenegro. Once Serbian Trademark Registration was matriculated into the Trademark Register of Montenegro, it will be published in the Intellectual Property Gazette of Montenegro and the IPO will issue the respective Decision on entrance into the Trademark Register. Kindly note that all the rights of the Serbian national trademarks which comply with the above requirement will preserve the same priority and renewal date as in Serbia. The deadline for complying with the above mentioned procedure is 1 year from the date of entering into force of the new Law – 16 December 2011. Failure to do so will result in loss of protection of the referenced Serbian national trademark in Montenegro. The above requirement is not deemed necessary for any Montenegro mark based on a Serbian national trademark for which an action has already been taken directly before the Montenegro IPO prior to December 16, 2010 (such as renewal, assignment, change of name, etc.).
New Law on Legal Protection of Industrial Design entered into force on 8 January 2011. According to the provisions of the new Law on Legal Protection of Industrial Design, all Designs that were granted before the IPO of Serbia prior to 28 May 2008 have to be validated before the IPO of Montenegro within 1 year as from the date of entering into force of the new Law (prior to 8 January 2012) – namely, claims for entry into the Design Register of Montenegro have to be filed before the IPO of Montenegro. The above requirement is not deemed necessary for any Montenegro design based on a Serbian national Design Registration for which an action has already been taken directly before the Montenegro IPO prior to 8 January 2011(such as annuity payments, assignment, change of name/address, claims for Montenegrin Validity Certificates).