While the conditions and procedures for the registration and protection of the Trademark have been in force for many years, the new legislation makes significant changes and, in particular, aligns Kosovo’s rules more closely with EU Trademark legislation and standards. Thus, some of the following key changes have been made to the Law on Trade Marks:
1. In general, the legislation has been aligned with EU Directives and Regulations.
2. The absolute reasons for rejection or invalidity are defined in more detail, thus expanding the circumstances when the registration of a trademark that does not meet the conditions described in this Law can be rejected.
3. The relative reasons for rejection or invalidity are also specified in detail, giving a clear description of the circumstances when the registration of a trademark that does not meet the conditions described in this Law can be refused.
4. The owner of the registered trademark has the right to prohibit all third parties from introducing goods into the Republic of Kosovo, without being released for free commercial circulation, when such goods, including their packaging, come from countries where the trademark right has not been exhausted and use without authorization the trademark that is identical to the trademark registered in relation to the goods.
5. The right to stop preparatory actions related to the use of packaging and other tools has been regulated.
6. The right of priority is recognized to the applicant for the registration of the trademark, who has submitted a request for registration of the trademark in a regular form in the Republic of Kosovo, from any country that is a party to the Paris Convention or the Agreement on the establishment of the World Organization of Trade, for the same trademark with goods or services that are identical or contain those for which the application is filed, he may invoke the right of priority of the filing of the first application, provided that he applies for trademark registration in the Republic of Kosovo within six (6) months from the date of submission of the first application.
7. It is determined the restoration of rights if the applicant or the owner of the brand has not acted within the time limit, defined by this law or by-law, in relation to the fulfillment of the obligations in time to the Agency, the result of which is the loss of the right acquired through trademark application or trademark.
8. The deadline for appeals against API decisions has been changed from 15 days to thirty (30) days from the day of acceptance of the decision.
9. Data protection is also defined as an obligation for the API.
10. The provisions for legal civil protection define more concrete steps for the Subjects who have the right to request the protection of their rights.
11. The amounts of fines in the penal provisions have been changed.
The law on the commercial market entered into force on July 28, 2022.
December 22, 2022
August 16, 2022
August 16, 2022
August 16, 2022