Trademarks Law in Kosovo
Sure! Here’s an overview of trademark law in Kosovo:
Trademark Law in Kosovo
1. Legal Framework
Trademark protection in Kosovo is governed by the Law No. 04/L-080 on Industrial Property, enacted in 2012.
The Kosovo Industrial Property Office (KIPO) is responsible for registration and enforcement of trademarks.
Kosovo aligns its trademark law with the European Union’s acquis and international agreements such as:
The Paris Convention
The Madrid Protocol
The TRIPS Agreement
2. Definition of a Trademark
A trademark is any sign capable of distinguishing goods or services of one undertaking from another.
This includes words, logos, letters, numerals, shapes, colors, sounds, or combinations.
3. Registration Process
Applications are submitted to KIPO.
The procedure includes:
Formal examination for completeness.
Substantive examination assessing distinctiveness and conflicts.
Publication for opposition (usually 3 months).
Registration if no valid opposition or after successful defense.
4. Duration and Renewal
Trademark protection lasts 10 years from the filing date.
It can be renewed indefinitely for successive 10-year periods upon payment of renewal fees.
5. Rights Conferred
Exclusive rights to use the trademark for registered goods/services.
Right to prevent unauthorized use, imitation, or infringement.
Right to license or assign the trademark.
6. Infringement and Enforcement
Trademark infringement includes unauthorized use of identical or confusingly similar marks.
Enforcement is through the courts and administrative authorities.
Remedies include injunctions, damages, and destruction of infringing goods.
7. International Registrations
Kosovo is a member of the Madrid Protocol, enabling international trademark registrations designating Kosovo.
Foreign applicants can file directly with KIPO or via the Madrid System.
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