The current trademark regulations in Kosovo are mainly based on the Trademark Law No. 04/L-026, which came into effect on September 8, 2011.
The Kosovo Industrial Property Office is responsible for managing trademark affairs, and the official languages are Albanian and Serbian.
Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law.
Kosovo is a signatory to international intellectual property treaties such as the Paris Convention and the Nice Agreement, and is not a member of the Madrid Agreement or the Madrid Protocol. Therefore, trademark registration can only be processed through the "single country registration" method.
At present, the Kosovo Industrial Property Office adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Kosovo include: text, letters, numbers, graphics, three-dimensional logos, color combinations, etc.
If the applicant is not a Kosovo citizen or does not have a real and valid business premises in Kosovo, they must entrust a specialized agent in their region to handle it. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney.
The main process for applying for registration of a Kosovo trademark is: application acceptance examination announcement approval issuance.
The application will be accepted approximately one week after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. After the substantive examination is approved, an announcement will be arranged, and a 3-month objection period will be set from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. Malicious registration.
If there are no objections or objections are not valid during the announcement period, the trademark will be officially registered successfully. If everything goes smoothly, trademark registration in Kosovo will take about 12 months; If there are any objections or rejections encountered during the process, the time will be extended.
The Kosovo trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed in accordance with the following provisions of the Kosovo Trademark Law:
1.Article 48: 1.1 If a trademark is not actually used in that country for five consecutive years after registration, anyone may apply for revocation, except for force majeure; 1.3 Trademark becomes a generic name; 1.4 Trademarks can easily mislead the public, especially in terms of the quality of goods and the source of goods or services.
2. Article 52: 1.1 Violation of Articles 5 and 6 of the Trademark Law (Article 5 of the Trademark Law stipulates the elements of a trademark; Article 6 of the Trademark Law provides absolute reasons for prohibiting registration); 1.2 Poor reputation of trademark registrant; 1.3 Violation of Article 7 of the Trademark Law (the relative reasons for refusal of registration as stipulated in Article 7 of the Trademark Law).