Details Design Registration Montenegro
Here you can mandate us to obtain design protection in Montenegro. We will prepare and file your design application in Montenegro and inform you about the progress of proceeding. Our offer includes the fees of the intellectual property office for the application and registration of your design.
A registered design right in Montenegro will be established through a registration.
The maximum term of protection in Montenegro is 25 years provided the registration is renewed after the first period of protection 5 years annually for periods of 1 year each.
The first term of design protection in Montenegro will be five years calculated from the date of filing. In certain cases the protection starts 6 months before the actual application date, namely if an application for an industrial design (patent) was filed in a foreign country not longer than 6 months before the application in Montenegro and the priority of this foreign application was claimed in the new application.
The registered industrial design in Montenegro is an unexamined industrial property right. Neither the office nor we will examine the novelty and individual characteristic of your design. A design is considered as new if no identical design has become accessible to public before the date when the application for granting such design is filed, or if there is no previously filed application for granting identical design. A design is individual in character if the entire impression user differs from the entire impression made on made on the informed users by any older design which has become accessible to public before the date of filing application for its granting, or the date of granted precedence right of the opposed design.
If the applicant is not the designer, an assignment from the designer to the applicant must be attached.
In Montenegro multiple design application are not possible. The one design may be shown by several views given by pictures or by drawings.
For the registration of a design in Montenegro you need:
- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);
- images or drawings showing only your product in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); The protection will rest on what can be seen in the pictures. Both drawings and photographs may be used. A separate fee shall be paid for each picture beyond the first one.
- contact details of the client;
- contact details of the owner of the industrial design right;
- name of the natural person(s) who created the design;
- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
If you engage us we will render the following services :
- Preparation of the filing including selection of the classes of goods (Locarno-classification);
- Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic);
- requesting additional documents or new images;
- legal advice with regard to the filing process and documents;
- sending the prepared filing details to you for review;
- Filing the application at patent office;
- Representation of the applicant in front of the office;
- Payment of the office fee (application fee, registration fee, publication fee);
- Transmission of office documents as well as the letter confirming the application;
- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;
- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register;
- Receipt and transmission of all documents sent from the patent office after the registration;
- docketing and deadline, renewal time monitoring.
Usually the drawings and images of the design are to be produced by the client. But we also may prepare (new) drawings or align the drawings in order to meet the formal filing requirements. If you follow our advice we do not anticipate any office actions. Nevertheless it is possible that the patent office will not accept your views or drawings and issue an office action. In this case the response to the office action will cause more efforts. You will be informed about the office action and you will be enabled to mandate us to represent you in this new proceeding. Insofar we may need the assistance of a professional drawer to conform your drawings to the demands of the office. Fees charged insofar by a professional drawer are not included in our offer.
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