Kosovo

Trademark Registration in Kosovo

Effective trademark protection allows avoiding problems and potential losses especially in cases of infringement or/and unfair competition by third parties. To ensure respect for the trademark rights, registration of trademarks is paramount; although it is not a straightforward process, assistance of an experienced and highly qualified trademark attorney will ensure successful prosecution of a trademark application.

The legal framework for trademark protection in Kosovo is administered by the Industrial Property Agency (IPA) and is designed to align with international standards. Securing a trademark in Kosovo provides exclusive rights within the territory and serves as a vital tool for brand enforcement.

  1. Official Trademark Search

Before submitting a trademark application, it is recommended but not obligatory to conduct an official trademark search. This search identifies existing trademark registrations and pending trademark applications that may conflict with your mark.

The official trademark search with the stamp of the PTO is available within 2-3 weeks.

  1. The procedure of a trademark registration is formal examination and examination as to the absolute grounds with further publication for 3-month opposition. After the opposition period expires without challenge, the IPA issues an invitation to pay registration fees. Following payment, the Agency issues the decision of grant and the registration certificate. The entire process typically takes approximately 10 months. A declaration of trademark use is not required.

A trademark is valid for 10 years from the date of application filing.

A registered mark is subject to cancellation by an interested party if it has not been used for 5 consecutive years starting from the registration date. 

  1. Trademark Renewal

The trademark registration must be renewed every 10 years to maintain exclusive rights, allowing for perpetual protection if maintained properly.

Applications for renewal can be filed starting 6 months prior to the expiration date. If the deadline is missed, the law allows for a 6-month grace period to renew the mark, given an additional 100% of the official fee is paid.

Required Documents: signed Power of Attorney. Notarization/legalization is not required.

  1. Recordal of change of name/address of a right holder of a trademark

Required Documents:

– signed Power of Attorney with the new name/address;

– Documents confirming the change of the company address/name, i.e. where the company address/name is mentioned in the Registration Certificate and the present one is indicated. This could be a company charter where such amendments are reflected or an Extract from the Trade Register. The documents should be filed in original or a notarized copy of the documents could be filed as well. A document not in one of Kosovo’s official languages (Albanian/Serbian) must be accompanied by a simple translation.