Implementation of the CP3 Convergence Project - Common Practice related to the Distinctiveness – Figurative Marks containing descriptive/nondistinctive word

Montenegro’s Ministry of Economic Developmentin, in July 2021, implements CP3 Project related to Common Practice related to the Distinctiveness – Figurative Marks containing descriptive/nondistinctive word.

Montenegro’s Ministry of Economic Development (MEDM) has published a Practice Paper on the examination of absolute grounds for refusal for figurative trade marks with purely descriptive words/ expressions. The publication of this Practice Paper is the result of the joint effort and collaboration between MEDM and the EUIPO, within the framework of their international cooperation activities.

It stems from the MEDM’s work on finding common grounds with the criteria listed under Common Practice of Distinctiveness - Figurative Marks containing descriptive / nondistinctive words (CP3), which was developed by the European Union Intellectual Property Network (EUIPN).

The publication aims to increase transparency, legal certainty and predictability for the benefit of users and IP office examiners. It is also intended as a point of reference for these and any other interested parties. The document is divided into two parts: the first part summarises the criteria, while the second part provides a complete explanation of the specific criteria applicable in each case.

The practice document provides clear and comprehensive explanations of the principles on which the practice is based and is publicly available in Montenegrin and English.