Geographical Indications and Appellations of Origins

– Law on Geographical Indications, published in the Official Gazette of Montenegro No. 48/2008 of August 11, 2008, in force since September 1, 2008.
– Law on the Schemes of Quality of Agricultural and Food Products, published in the Official Gazette of Montenegro No. 22/2017 of April 3, 2017, in force since April 11, 2017.

Membership in International Conventions

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since June 3, 2006 (ex-Yugoslavia effective date as of 1960).
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 3, 2006.
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 3, 2006.
– Madrid Agreement Concerning the International Registration of Marks, Stockholm Act, since June 3, 2006.
– Protocol Relating to the Madrid Agreement, since June 3, 2006.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Stockholm Act, since June 3, 2006.
– Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, Stockholm Act, since June 3, 2006.
– WTO’s TRIPS Agreement, since April 29, 2012.

Filing

Applicant for registration of GIO: by a group of manufacturers or processors of agricultural or alimentary products for which protection by GIO is requested, as well as an individual or legal entity if it proves that it is the only producer or processor of a particular product in a particular geographical area and/or that this geographical area possesses characteristics that significantly differentiate it from adjacent areas or the characteristics of products differ from products produced in neighboring areas.

Not registrable (grounds for exclusion): (1) if as a result of long-term use, the GIO has become generic, or if it has become the usual term for the product; (2) if the GIO is in conflict with a name of a plant variety or animal species; (3) homonyms if they are misleading to consumers regarding the origin of the products; (4) if the GIO could mislead consumers regarding the origin of the product due to the length of use and reputation of an earlier registered trademark; and (5) if it is not protected or if it has ceased to be protected in the country of origin.

Territory covered: Montenegro.

Filing requirements for an application (to be sent to resident agent):
1. Name of the geographical indication or appellation of origin;
2. Information about the specific characteristics of the product/goods in the form of a specification;
3. Description of the main elements of the specification such as the name of the product, description of the product, specific rules regarding the packaging and labeling of the product where applicable, as well as a description of the geographical region, the relationship between the product and the geographic region or origin and the specific elements of the production process or method as proof of the connection between the product and the geographic region, where applicable;
4. If the GIO contains figurative elements in addition to verbal elements, the application should contain a depiction of the device.

Applicant for use of the registered appellation of origin or geographical indication: natural or legal persons manufacturing or processing goods that fulfill the requirements set out in the specification filed with the application for the GIO.

Filing requirements (to be sent to resident agent):
1. Details of the applicant;
2. Proof that the authorized organization has verified the quality of the goods/products, issued by the authorized organization guaranteeing that the product has all the specific characteristics as indicated in the study;
3. Power of attorney, if the applicant is represented by a local lawyer or agent.

The Law of Montenegro also provides the possibility of protecting traditional agricultural or alimentary products which have special characteristics under the name Guaranteed Traditional Specialties (GTS). Protection is provided for agricultural and alimentary products which have specific characteristics distinguishing them from other products on the market and which have proven use on the market for at least thirty years. It is possible, but not necessary to make a reservation on the name of the product registered as GTS in order to prevent the use of the name by persons other than registered producers or processors. 

Applicant for registration of GTS: only by a group of manufacturers or processors of agricultural or alimentary products for which protection by GTS is requested.

Not registrable (grounds for exclusion): (1) if the name of the product contains general remarks generally used for agricultural or alimentary products; (2) if the name would mislead consumers regarding the characteristics of the product; and (3) a name of a plant variety or animal species in case it is misleading to consumers regarding the nature of the product. 

Territory covered: Montenegro.

Filing requirements for an application (to be sent to resident agent):
1. Name of the guaranteed traditional specialty (the application can ask for the name to be reserved and thus have a higher level of protection);
2. Information about the specific characteristics of the product/goods in a form of a specification;
3. The name and address of the authorized body in charge of verifying the specific characteristics of the product;
4. Documents proving that the product has traditional characteristics as well as specific qualities;
5. If the GTS contains figurative elements in addition to verbal elements, the application should contain a depiction of the device.

Examination Procedure

Formal examination: the formal correctness and completeness of the application is examined first. If the application is incomplete, the applicant is invited to remedy the defects within thirty days. In exceptional cases the applicant can be given a longer deadline. If the applicant fails to complete the application by the said deadline or fails to pay the prescribed fee and indemnity for costs, the Ministry will reject the application. 

Substantial examination: the Ministry will examine if the application is grounded.

Publication: applications are published.

Opposition: can be filed with the Ministry within thirty days from the publication of the application in the Official Gazette.

Appeal: the decisions of the Ministry are final. Administrative court proceedings can be initiated against the final decision of the Ministry.

Granting

Publication: the granted appellation of origin or geographical indication is published in the Official Gazette.

Beginning of protection: for the registered geographical indications of origin – from the date of filing of the application, and for the authorized users from the date of entry into the appropriate register.

Duration: the duration of a geographical indication of origin and the right of use of the geographical indication of origin is not limited.

User rights: a protected appellation of origin or geographical indication may be used by the persons who fulfill all the necessary conditions prescribed by the Law and who have been entered into the specific register of users. The authorized user of an appellation of origin or geographical indication shall be entitled to use the protected name to designate the type of products to which this indication refers. The right conferred also covers use on the declaration and marketing and other documentation regarding the product to which this indication refers.

Text of marking: the user of an appellation of origin shall be entitled to use the sign “controlled appellation of origin”.

Assignment: not possible.

Licenses: not possible.

Modification of Protection after Registration

Nullification: a suit against the decision of the Ministry regarding an objection can be filed as an administrative court proceeding.

Infringement: protection can be sought through civil proceedings.

Penalties: in case (1) the GIO is used for products that do not fulfill the requirements set in the specification filed with the GIO application or if the manufacturer or processor is not registered in the appropriate register; (2) the GIO is used after the registration of the GIO was annulled; (3) the product made fulfilling all the requirements set in the specification and produced by the appropriate person is not clearly marked with the GIO; (4) the GTS is used after the registration of the GTS was annulled; (5) the GTS is used for products that do not fulfill the requirements set in the specification filed with the GTS application or if the manufacturer or processor is not registered in the appropriate register; (6) the product made fulfilling all the requirements set in the specification and produced by the appropriate person but is not clearly marked with the GTS. Both legal and natural persons, as well as the responsible person within the legal person are subject to these penalties. Penalties are only pecuniary varying from EUR 30 to EUR 20,000, but can be followed by a protective measure of seizure of goods.