Key 2023 trademark updates in Albania, Montenegro and Slovenia

Over the past year, there have been several significant amendments to the trademark laws of various countries in the Western Balkans – particularly in Albania, Montenegro, Serbia and Slovenia. Clear visibility on these updates is crucial for legal professionals to maintain efficient practice and adhere to their local IP laws.

Albania

Since our article outlining the Albanian trademark regime (see “Key differences between trademark regimes in Albania and Kosovo”), it is now possible for all trademark documents and certificates to be received in electronic form.

Montenegro

Montenegro has followed the example set by some EU countries (see “Montenegro aligns its trademark regime with EU standards”). Since the amendment in April of last year, the law no longer requires a graphical representation of a trademark for its registration.

Another significant change has been made to the scope of the Commercial Court of Montenegro; it will no longer be involved in cancellation and invalidation actions. Instead, this responsibility has now been transferred to the corresponding administrative body.

Slovenia

Amendments to the IP law published in July 2023 have altered the jurisdiction for trademark cancellation actions and annulments procedures in Slovenia. Previously (see “Slovenian legislative overhaul reflects valuable steps toward harmonisation with EU IP framework”), the Ljubljana District Court had exclusive jurisdiction to decide enforcement and invalidity actions. Now, these procedures will be under the purview of the Slovenian Intellectual Property Office.

Finally, in order to avoid uncertainty regarding the reputation of EU trademarks as the basis for an opposition, this will now be assessed throughout the European Union – not just in Slovenia alone. The legislative amendment also allows power of attorney documents to be electronically scanned to enhance efficiency and simplify procedures.