Kosovo

Trademarks

• Filing the Application – Requirements
• Registration Procedure
• Opposition
• Duration
• Recording changes in the Register

Patents

• Filing a Conventional Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

Industrial Designs

• Filing the Application – Requirements
• Registration Procedure
• Duration
• Recording changes in the Register

• Patent Law of 27 September 2004
• Trademarks Law of 28 June 2006
• Law on Industrial Designs of 21 April 2006

Trademarks

• Filing the Application – Requirements: (top)
  • 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 into local language. This term cannot be extended
  • Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently
• Registration Procedure: (top)
  • The Application is filed and examined with the Intellectual Property Office
  • The Office examines absolute and relative grounds for refusal
  • The registration procedure takes several years as from the application date
• Opposition: (top)
  • No opposition can be filed due to the fact that the Trademark Applications are not published in Kosovo.
• Duration: (top)
  • 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 50% of the renewal fees.
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal - if the applicant is a company
  • Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal - if the applicant is a company)
  • Assignment document signed by the Assignor and the Assignee. Document must be legalized by the Apostille or notarized by Notary Public, can be submitted subsequently, within one month
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, signed by a representative of the Company (date, name, family name, position, facsimile or seal - if the applicant is a company).
  • Certified extract from the Company Registers showing the change of name
  3. Change of address Requirements:
  • Power of Attorney indicating the new address, signed by a representative of the Company (date, name, family name, position, facsimile or seal - if the applicant is a company)
  • Certified extract from the Register of the companies showing the change of address

Patents

• Filing a Conventional Application – Requirements (top)
  • Name and address of the Applicant
  • List of inventors
  • Priority date and number
  • Specification of Patent
  • Patent Claims
  • Drawings (if any)
  • Abstract – summary of the invention
  • Power of Attorney signed by the Applicant (date, name, family name, position, facsimile or seal - if the applicant is a company). – can be submitted subsequently, within one month as from the Application date
  • The Application is to be filed within one year as from the priority date
  • Translation of specification, claims and abstract into Albanian, can be filed subsequently, within one month as from the Application date
• Registration Procedure (top)
  • The IP Office of Kosovo examines only the formal requirements and if those are fulfilled it grants the patent. In order to obtain fully registered patent Applicant is obliged to submit the evidence that the patent for the same invention has been granted by the institution bearing the status of the International authority for evaluation of patents. In case that no evidence is submitted, the patent would lapse.
• Duration (top)
  • 20 years as from the application date for conventional Patents
  • the protection fees are to be paid annually, prior to the expiration of the year for which the protection fees have been paid or three months after the expiration date with 25% fine or 3-9 months after the expiration of the protection period at the latest with 100% fine
• Recording changes in the Register: 1. Assignment of rights Requirements: (top)
  • Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal - if the applicant is a company)
  • Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal - if the applicant is a company)
  • Assignment document signed by the Assignor and the Assignee. Document must be legalized by the Apostille or notarized by Notary Public, can be submitted subsequently, within one month
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, signed by a representative of the Company (date, name, family name, position, facsimile or seal - if the applicant is a company)
  • Certified extract from the Company Registers showing the change of name
  2. Change of address Requirements:
  • Power of Attorney indicating the new address, signed by a representative of the Company (date, name, family name, position, facsimile or seal - if the applicant is a company)
  • Certified extract from the Register of the companies showing the change of address

Industrial Design

• Filing the Application – Requirements (top)
  • Name and address of the Applicant
  • Name and address of the author or notice that the author chooses not to be mentioned in the application
  • Information regarding the number of external shapes the protection is requested for
  • Full and short title of the industrial design
  • A two-dimensional presentation of the shape being the subject of protection (photograph or a graphic presentation of the product the protection is requested for)
  • Description
  • Power of Attorney simply signed by the representative of the Applicant
• Registration Procedure (top)
  • The Industrial Design Application is examined by the National Office. If the Application meets prescribed requirements, the Office is issuing the Decision on grant
  • The fees for the first five years of protection are payable once the Design is granted. From 6th to 25th year the fees are payable for the period of 5 years
• Duration (top)
  • 25 years as from the Application Date
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal - if the applicant is a company)
  • Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal - if the applicant is a company)
  • Assignment document signed by the Assignor and the Assignee. Document must be legalized by the Apostille or notarized by Notary Public, can be submitted subsequently, within one month
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, signed by a representative of the Company (date, name, family name, position, facsimile or seal - if the applicant is a company)
  • Certified extract from the Company Registers showing the change of name
  3. Change of address Requirements:
  • Power of Attorney indicating the new address, signed by a representative of the Company (date, name, family name, position, facsimile or seal - if the applicant is a company)
  • Certified extract from the Register of the companies showing the change of address