The short answer
Under Law No. 1.058 of 10 June 1983 on trade, manufacturing and service marks, the filing of a mark has effect for ten years from the day of filing, and ownership can be kept without time limit by successive filings. A renewal must be filed before expiry or at the latest within six months after, and nothing can be changed at renewal except limiting the goods or services. Registered marks are announced in the Journal de Monaco.
Trademark deadlines in Monaco at a glance
These rules come from Law No. 1.058 of 10 June 1983 on Trade, Manufacturing and Service Marks (Monaco), read in the French text published on Legimonaco and listed on WIPO Lex, which we have translated. Monaco also gives effect to international registrations, and the Ordinances fix fees and procedures, so we confirm these with the Industrial Property Service before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years from the day of filing; ownership can be kept without time limit by successive filings made in the same conditions (Article 8). |
| Which date does the term count from? | The day of filing (Article 8). |
| When can I renew? | The renewal filing takes effect on the expiry date of the previous filing and must be made before that date or at the latest within the six months after (Article 8). At renewal no change can be made to the mark or to the list of goods or services, except that the holder can limit the list (Article 9). |
| Is there a grace period? | Yes. The renewal can be filed up to six months after the expiry date (Article 8). |
| Opposition period | The articles we read do not set a formal opposition period. Registered marks are announced in the Journal de Monaco (Article 7), and third parties act through the courts. We confirm any administrative opposition rule with the Service before we advise. |
| Reply to an office action | The Industrial Property Service handles the filing and registration. Any dispute about priority of use or infringement goes to the courts. |
| Priority claim | Holders of marks filed or registered under the international conventions referred to in Article 2 must submit the mark to the Service within six months of the filing to rely on the Law (Article 19). |
| Non-use | The Law protects exclusive ownership of a registered and effectively used mark against a prior-user claim if no founded action has been brought within five years of publication (Article 4). We confirm the current non-use rules with the Service before advising. |
| Assignment | Filed or registered marks can be transferred in whole or in part, alone or with the business (Article 10), and the transfer is recorded in the register. |
Who can register a trademark in Monaco
Any person who wants to distinguish products, goods or services can file a mark. The Law lists the kinds of sign that count as marks, including names, shapes, colours, emblems and slogans (Article 1).
Representation. We act as your agent before the Industrial Property Service. We confirm any local representation rule before filing.
Trademark registration process in Monaco
Search
- Search the the Industrial Property Service of the Principality of Monaco records for identical or similar marks in your classes.
File the application
- File with the the Industrial Property Service of the Principality of Monaco, through your Monegasque agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After registration, an insertion in the Journal de Monaco announces the registered marks, and the notices are available on request (Article 7).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Industrial Property Service of the Principality of Monaco and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Monaco trademark validity and renewal
- A filing has effect for ten years from the day of filing.
- Renew before expiry or within six months after.
- At renewal, nothing changes except limiting the goods.
- Successive renewals keep ownership without time limit.
Diarise ten years from the day of filing.
Assignment, licence and changes to a Monegasque trademark
Transfer
Whole or part
Marks can be transferred in whole or in part (Article 10).
Renewal
No changes
No change to the mark or goods at renewal, except limiting the list (Article 9).
International conventions
Six-month step
Convention-based registrations must be submitted within six months (Article 19).
Penalties
Criminal
Counterfeiting a mark is punished by imprisonment from six months to three years (Article 23).
Non-use and cancellation of a Monegasque trademark
The Law deals with nullity and civil and criminal protection of marks in Title II. We confirm the available remedies and time limits before advising on any action.
Keep dated proof of use in Monaco: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Monaco
Ask the Industrial Property Service for the register entry and check the Journal de Monaco for announcements.
Sources used
- Law No. 1.058 of 10 June 1983 on trade, manufacturing and service marks (Monaco), French text on Legimonaco and WIPO Lex (translated by us): Articles 1, 4, 7 to 10, 19 and 23.
- The Industrial Property Service for fees, forms and the current procedure.
Monaco trademark FAQ
How long does a trademark last in Monaco, and from when?
Ten years from the day of filing; ownership can be kept without time limit by successive filings made in the same conditions (Article 8). It counts from the day of filing (Article 8).
When should I renew a Monegasque trademark, and is there a grace period?
The renewal filing takes effect on the expiry date of the previous filing and must be made before that date or at the latest within the six months after (Article 8). At renewal no change can be made to the mark or to the list of goods or services, except that the holder can limit the list (Article 9).
What is the opposition period in Monaco?
The articles we read do not set a formal opposition period. Registered marks are announced in the Journal de Monaco (Article 7), and third parties act through the courts. We confirm any administrative opposition rule with the Service before we advise.
How much does it cost to register a trademark in Monaco?
The official fee is set by the the Industrial Property Service of the Principality of Monaco and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Monaco?
Yes. A foreign company can protect a mark in Monaco, either by national filing or through the international system. We arrange this.
Can I assign a Monegasque trademark?
Filed or registered marks can be transferred in whole or in part, alone or with the business (Article 10), and the transfer is recorded in the register.
Can a Monegasque trademark be cancelled for non-use?
The Law protects exclusive ownership of a registered and effectively used mark against a prior-user claim if no founded action has been brought within five years of publication (Article 4). We confirm the current non-use rules with the Service before advising.
How can I check the status of a Monegasque trademark?
Use the the Industrial Property Service of the Principality of Monaco register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Holders of marks filed or registered under the international conventions referred to in Article 2 must submit the mark to the Service within six months of the filing to rely on the Law (Article 19).
How do I change the owner's name or address?
Record the change with the the Industrial Property Service of the Principality of Monaco so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Monaco
SUPREMEiP® files trademarks worldwide through its network and checks every Monegasque deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
