Trademarks

Trademarks

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Trademark transfers a message to consumer about the thing he wants to buy through a strong association

Trademark is legally protected mark which serves in the course of trade to distinguish goods and/or services of one natural or legal person from identical or similar goods and/or services of another natural or legal person.

As a trademark, any word, letter, drawing, picture, shape, label, color or their combination which aims to distinguish goods and/or services, can be protected.

A trademark may be individual, collective, or warranty trademark.

A trademark has the function to allow the consumers to distinguish goods and/or services of certain business organisations from identical or similar goods and/or services of another business organisation.

A due application for trademark grant is composed of:

  1. a reguest for trademark grant
  2. appearance of the mark
  3. list of goods and/or services to which the mark is related, marked and qlassified as per classification of International Classification of Goods and Services (Nice Classification)
  4. evidence on tax paid.

A request for trade mark grant contains:

  1. data on applicant
  2. indication on which trademark is requested
  3. signature and seal of the applicant or his representative.

List of goods and/or services has to be formulated in such a manner to explain clearly the nature of goods and/or services and to provide for any goods and/or services to be classified into only one class of Nice Classification.

In certain cases, also the following documents are to be filed:

  1. proof on existence of international priority right
  2. proof on existence of the fair priority right
  3. authorisation
  4. general act on collective trade mark.

The applicant has the priority right from the date when he filed application in relation to all other persons who filed the application later on.

Trademark is valid from the moment when the granted right is enlisted into the Register of trademarks, and it lasts ten years from the moment when enlisted, and it can be prolonged in indefinite number of times.

 

  • Crnogorski
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