TRADEMARKS

Kosovarian IPO began its operations on November 19, 2007.

The Industrial Property Office in Kosovo is the sole granting authority in the country. It's operations, concerning trademarks, are based on the Trademark Law, L-04/L-026. The Law on Trademarks, was promulgated on August 9, 2011. The new trademark law introduced several new provisions, enabling smoother granting procedures and more enforcement capabilities.

Old requirements, such as intent to use were left out with the new law, leaving more space to requirements that bring Kosovarian IP Practice closer to the European IP Practice. To follow, are new regulations known as Administrative Instructions. These regulations, by-laws, intend to clarify certain legal provisions that regulate the granting procedure and enforcement actions. Currently, the only new AI (drafted and adopted) are: Accelerated Examination of Trademark Applications and Regulation on Establishing the Board of Appeals.

For further information on the Trademark Law, Trademark Validity and any other related matter, please feel free to contact our office at any time: [email protected]

If you wish to to receive the Official Bulletin of the Industrial Property Office, let us know by sending an e-mail to: [email protected], and the Bulletin will be sent to your address on regular bases.

Filing the Trademark Application – Requirements:

• Name and address of the Applicant
• Representation of the Mark
• List of goods and services according to Nice Classification 8th edition (Classes 1-45)
• Priority date, country and number and the original Priority document which can be submitted subsequently within three months as from the Application date along with certified translation in Albanian.
• Power of Attorney simply signed by the Applicant. PoA can be
submitted subsequently

Registration Procedure:

• The Application is filed and examined with the Industrial Property Office
• The Office examines absolute and relative grounds for refusal
• The registration procedure takes several years as from the
application date

Opposition:

• Opposition notice in regard to published trademark shall besubmitted at the Office, within time limit of three (3) months from the date of publication and if the respective fee for trademark registration has been paid. Within a period of three (3) months from the date of publication of application for trademark registration on opposition of trademark registration supported by facts, according to Article 7 paragraphs 1, 2 and 3 of the Trademark Law, opposed trademark may be not registered,

Duration:

• Upon payment of ten years protection fees, the Trademark is valid for 10 years as from the application date Upon payment of renewal fees the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last six months of previous ten years protection period or up to six months after the expiration date with a fine of 100% of the renewal fees.

Source: Trademark Law No. 04/L-026 and Administrative Instruction No. 13/2012.

NEWS & UPDATES

New Administrative Instruction Concerning Patents Approved

Following promulgation of the New Patent Law, Law No. 04/L-029 of the date August 9, 2011, the Minister of Trade and Industry issued a new regulation concerning the registration of patents. The Administrative Instruction No. 10/2012 on the Procedure for Registration of Patents regulates in detail the filing and granting procedure. It also introduced Electronical Filing of all documents filed with the paper application. Theses additional filings should be completed within 2 weeks from the date of paper filing or 12 months from the earliest date of priority.

July 11, 2012