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MSA IP - Milojevic, Sekulic & Associates
Belgrade, Serbia (RS)

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Pristina, Kosovo (KS)

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Kosovo (KS)

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10-12-2016 (Newsletter Issue 18/16)
Administrative Instructions on Patent and TM Registration in Force
The Kosovo Ministry of Trade and Industry signed two more IP-related Administrative Instructions, which entered into force.

The first Administrative Instruction (AI) No. 13/2016, in force as of September 2, 2016, thoroughly describes the procedures such as the filing of a patent application, patent registration, publication and the recording of changes in the register.

The AI No. 14/2016, in force as of September 7, 2016, clarifies the procedures to be followed and documents to be submitted when taking actions such as filing requests to record changes or renew trademarks. It is important to note that the AI requires a Power of Attorney to be enclosed with each of these requests. The AI also introduces some new provisions, which were not covered by the previous by-law, e.g. provisions describing the procedure to be followed if an observation notice has been filed.

Source: www.petosevic.com


09-13-2016 (Newsletter Issue 16/16)
Administrative Instructions Changed
Four new IP-related administrative instructions have recently entered into force in Kosovo.

The Administrative Instruction (AI) No. 08/2016, effective as of July 4, 2016, relates to the accelerated examination of trademark applications, which is still available if there has been an alleged infringement of trademark rights. When requesting such examination, the applicant must indicate the trademark filing details and submit:
- Copy of the trademark application as filed;
- Arguments proving the alleged trademark infringement; and
- Proof of payment of the official fee per trademark in the amount of EUR 120.
Previously, the applicant also had to submit the proof that a civil or a customs action had been initiated.

The accelerated examination request may be submitted at any time after the filing date, as no time frame is specified. The IP Agency will decide on the request within 15 days from the filing date of the request.

The second Administrative Instructions, No. 10/2016, effective as of August 2, 2016, introduces a single fee system and amends certain official fees.

Previously, the Kosovo IPO provided two different schedules of fees, one for legal entities and one for natural persons. The new AI provides for a single fee schedule for both categories of applicants.

Certain official fees have increased significantly. For instance, the fee for filing oppositions has doubled, from EUR 50 to EUR 100, while the fee for invalidation actions increased from EUR 50 to EUR 200.

The third Administrative Instructions, No. 11/2016, effective as of August 12, 2016, was approved following the entry into force of the new law on geographical indications and designations of origin, in January 2016.

Finally, the fourth Administrative Instructions, No. 12/2016, on the industrial design registration procedure entered into force on August 22, 2016, providing detailed information on the procedures prescribed by the new law on industrial design, in force as of January 2016.

These two Administrative Instructions thoroughly describe the procedures such as application, registration, publication, recordal of changes, renewal and termination of validity for GI(s) and industrial designs.

The new Administrative Instructions on trademark and patent registration procedures are expected to enter into force soon.

Source: www.petosevic.com


06-28-2016 (Newsletter Issue 12/16)
Original or Notarized PoA Required
As of June 8, 2016, the Kosovo IPO does not accept any action if not accompanied by an original Power of Attorney (PoA) form. Alternatively, a notarized copy of the original is acceptable. Kosovo notary public will only certify a copy if the original is notarized in the country of origin. Therefore, we recommend that each PoA sent, as of now on, is notarized.

This change applies to all filings before the Kosovo IPO, such as new applications, renewals, responses to office actions, oppositions, recordals, or any other action before the IPO.

Therefore, scanned copies of PoAs will not suffice to meet any deadline or obtain a filing date.

The new practice was adopted without any prior notification other than an email announcement that the local IP agents received on June 8, 2016 from the IPO.

Source: www.petosevic.com


06-10-2014 (Newsletter Issue 9/14)
Trademark Law Soon Amended
Kosovo has recently drafted amendments to its trademark and patent laws, which the Kosovo Parliament is expected to adopt this year.

The amendments aim to bring Kosovo’s IP legislation in line with European Union’s directives, as one of the requirements for EU integration, as well as create a better and safer environment for investments and the protection of IP rights.

The draft amendments are available in Albanian, Serbian and English at the Kosovo Ministry of Trade and Industry’s website.

Source: www.petosevic.com


09-03-2013 (Newsletter Issue 12/13)
New GI Law in Force
The new Law on Geographical Indications (GIs) and Designations of Origin (DOs) entered into force in Kosovo on July 19, 2013.

According to the new law, GIs can be registered at Kosovo’s IPO. Any GI in the name of a region, a specific place or in special cases the name of a state, which is used to describe a specific product originating from that region or state can be registered.

Registered GIs or DOs will be protected against any direct or indirect commercial use of products that are not registered, any misuse, imitation or infringement, each inaccurate (false) or misleading indication in terms of genealogy, origin, nature or essential qualities of the product, and every other practice or action that may mislead the consumer as to the true origin of the product.

Legal protection of GIs and DOs as foreseen by the new law covers several actions, including the procedure of finding and stopping the infringement, the application for the seizure and destruction of products, and the application for damage compensation. Moreover, the law includes penalty provisions including monetary fines in various amounts depending on different categories.

Source: SDP KOSOVE, Kosovo


03-06-2012 (Newsletter Issue 4/12)
National TM Applications Published for Opposition
On January 17, the Kosovo Intellectual Property Office (IPO) issued its seventh Official Bulletin, the first one to include national trademark applications published for opposition, under the provisions of the new trademark law of September 2011.

This Bulletin also includes the Serbian trademarks re-filed in Kosovo.
The previous six Bulletins included the Serbian trademark re-registrations only.

Apart from the Serbian re-registrations, during the one-year revalidation period that started on November 19, 2007, when the Kosovo IPO opened, it was also possible to re-file the pending Serbian trademarks. These trademarks will be treated in the same manner as the national trademark applications, while the Serbian priority will be kept. Thus, these trademarks will also be subject to opposition.

An opposition notice may be filed with the Kosovo IPO within a period of three months as of the publication date.

To access the seventh Official Bulletin, please click here

Source: SDP KOSOVE, Kosovo


02-07-2012 (Newsletter Issue 2/12)
Accelerated Examination of TM Applications
The Administrative Instruction explains the procedure and the grounds for requesting the accelerated examination which was introduced by Kosovo’s new Law on Trademarks. The Ministry of Trade and Industry (MTI) approved the Administrative Instruction on January 12, 2012 and entered into force on the same date.

The accelerated examination is only available if there has been an alleged infringement of trademark rights. When requesting such examination, the applicant must indicate the trademark filing details and submit:

- Copy of the trademark application as filed;
- Documents evidencing that a civil or a customs action was duly initiated;
- Documents evidencing trademark rights and the alleged infringement of such rights;
- Proof of payment of the official EUR 50 (USD 63) fee per trademark, regardless of the number of classes.

The accelerated examination request may be submitted at any time after the filing date, as no time frame is specified. The IPO will decide to grant or reject the accelerated examination request within 15 days from the filing date. The examination is to be performed under the provisions of the Law on Trademarks.

Source: SDP KOSOVE, Kosovo


09-01-2011 (Newsletter Issue 10/11)
New Trademark Law
The Kosovo Assembly approved the new Trademark Law which enters into force on September 8th, 2011. Main changes are:

- Trademark rights are acquired through registration only.
- Trademark holders do not need to declare the use or the intent to use the mark at the time the application is filed.
- An observation can be filded within three months from the publication of the application in the Official Gazette.
- Appeals of IPO’s decisions can now be filed within 15 days of the receipt of the decision.
- An accelerated examination of a trademark application can be requested.
- The owner of a well-known trademark may not oppose an application or revoke a trademark registration unless the proprietor also owns a pending application or registration with the Kosovo IPO.
- Relative grounds for refusal: Goods and/or services will need to be similar even in case the earlier trademark has a reputation in the Republic of Kosovo and the use of the trademark without due cause would take unfair advantage of, or be detrimental to the distinctive character or reputation of the earlier trademark.
- No invitations to renew trademarks.

Source: Petosevic


04-27-2011 (Newsletter Issue 7/11)
Second IP Gazette Launched
On April 12th, 2011, the Kosovo Intellectual Property Office issued its second Official Gazette, listing patent applications, registered patents, registered trademarks, as well as renewed trademarks.

The Gazette is available in Albanian only and can be downloaded here

Source: Petosevic, Kosovo


02-01-2011 (Newsletter Issue 2/11)
First IP Gazette Launched
The Kosovo Intellectual Property Office launched its first Official Gazette, which contains information on all registered patents and trademarks as well as renewed trademarks on December 9th, 2010.

The Gazette is only available in the Albanian language and can be downloaded here


Source: www.petosevic.com

09-15-2010 (Newsletter Issue 14/10)
New Trademark Law Approved
On September 8th, 2010, the Kosovo parliament approved the new Law on Trademarks which will replace the 2006 Law No. 2006/02-L54.
The new law needs to be promulgated by the President of the Republic to enter into force. This is expected in the near future.


Source: www.petosevic.com

Legal basis is the new Law on Trademarks No. 04/L-026 (in force since September 8, 2011) and Law no 05/L-040 on amendments of Law on Trademarks no. 04/L-026 in force as from August 15, 2015. The Kosovo Trademark Law largely builds on the EU trademark law directive and satisfies all international standards related thereto.
Trademark rights are acquired through registration. Trademark holders do not need to declare the use or the intent to use the mark at the time the application is filed.
Kosovo is not a part of the Madrid Agreement or Protocol.
Starting from November 19, 2007, it has been possible to file new applications directly to IP Office in Kosovo. All trademarks, patent and designs applied to the PTO in Belgrade, but not registered until November 19, 2007 had to be re-filed in Kosovo. Such re-filed applications will maintain the priority date of the application filed in Yugoslavia/Serbia.
Nice classification, 10th edition
Registrable as a trademark are any signs, particularly words, including personal names, designs, letters, numerals, audio marks, three-dimensional configurations, including the shape of goods or their wrapping or other packaging, including colours, or combinations of colours, that are capable of distinguishing the goods or services of one undertaking from those of other undertakings may be protected as trademarks.
The application is filed at the Kosovo IP Office.
A multi-class application is allowed.
Foreign applicants need a local agent in order to file an application.
Power of Attorney needs to be in original and notarized.
The IP Office will examine applications on absolute grounds (eg. distinctiveness, and etc.).

An accelerated examination of a trademark application can be requested. This is only available if there has been an alleged infringement of trademark rights. The following documents need to be submitted:
- Copy of the trademark application as filed;
- Documents evidencing that a civil or a customs action was duly initiated;
- Documents evidencing trademark rights and the alleged infringement of such rights;
- Proof of payment per trademark, regardless of the number of classes.
The accelerated examination request may be submitted at any time after the filing date, as no time frame is specified.

Cancellation, invalidation and revocation actions possible only before the IPO.
National:
The opposition period is 3 months from the date of publication in the Official Bulletin.
A trademark registration is valid for 10 years from the date of application and it may be renewed for indefinite further periods of 10 years each.
The grace period for renewals is 6 months from the expiration date of the mark. In this case the double fee shall be paid.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration or has not been used later for 5 consecutive years, it may be subject to cancellation actions.

Further practical details are available in our publication on this topic here
The official fee for filing a new trademark application in up to three classes is EUR 40, each additional class is EUR 5.
Registration fee and issuance of the registration certificate, up to three classes is EUR 50, each additional class is EUR 10.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 240,00 € 90,00 € 
Word Mark Search (identical) 230,00 € 80,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
06-27-2017
Zivko Mijatovic & Partners, Prishtina, Kosovo  

05-13-2016
Zivko Mijatovic & Partners, Prishtina, Kosovo  

11-27-2014
Zivko Mijatovic & Partners, Prishtina, Kosovo  

11-25-2013
SDP Kosove, Prishtina, Kosovo

10-02-2012
SDP Kosove, Prishtina, Kosovo

03-20-2012
SDP Kosove, Prishtina, Kosovo

03-05-2012
Albert Islami & Partners, , Kosovo

09-22-2011
SDP Kosove, Prishtina, Kosovo



MSA IP - Milojevic, Sekulic & Associates



Milan Milojevic

Milan Milojevic
Terazije 29/V
11000 Belgrade
Serbia (RS)
Tel +381 11 785 68 20
Fax +381 11 414 09 90
tm@msa-iplaw.com
www.msa-iplaw.com

MSA IP – Milojevic, Sekulic and Associates is a boutique law firm which specializes in prosecution and litigation of trademarks, patents, designs, as well as in enforcement of Intellectual Property rights in the region of Southeast Europe. From its head office in Belgrade, Serbia, MSA IP directs and coordinates the work of its local offices in nine countries in the region, as well as the work of its associated firms in other neighboring countries.

Its expertise encompasses all areas of Intellectual Property law to include:
- Providing opinions on the registrability of trademarks, patents and designs
- Searches
- Filing, prosecution and maintenance
- Assignments and licensing
- Enforcing intellectual property rights through litigation, negotiation and arbitration
- Anti-counterfeiting activities
- Domain name registrations and dispute resolution

MSA IP is the winner of numerous industry awards, including the Client Choice Award in 2015 and the ACQ award for Intellectual Property Law Firm of the Year Award in 2016.

Zivko Mijatovic & Partners



Djura Mijatovic


Boulevard Mother Teresa No. 29-A/B-2
38000 Pristina
Tel. + 381 38 247 980
Fax + 381 38 247 970
kosovo@zm-p.com
www.zm-p.com

Our law firm was established in 1939 in Belgrade, Yugoslavia as a general practice law firm. It has grown progressively and today, we have ten offices in nine European countries.

Our services are provided through the network of ZMP offices which cover the Balkan Peninsula, Central Eastern Europe as well as the whole EU via our office in Alicante, Spain the home of the Office for Harmonisation in the Internal Market (OHIM).

Over the last thirty years, the primary activity of our office has been the protection, via prosecution and litigation, of all Intellectual Property rights. Nonetheless, our activity still embraces other fields of law and consequently we are at your disposal to provide you with full range of services in the field of Commercial Law and Corporate Law in all the countries of The Balkans.

Our constant presence in eight different neighbouring countries of the Balkans, allows us to provide our clients with immediate and simultaneous service in two to eight different countries of the region, by simply contacting one of our offices. That is why the services we provide are unique in the region.

Ministry of Trade and Industry
Ministry of Trade and Industry
"Muharrem Fejza" Str, n.n,
Hospital square
10000 Pristina
Republic of Kosovo
Tel +381 38 512 059, +381 38 512 133
Fax +381 38 512 798
www.mti-ks.org