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.
A simply signed power of attorney is needed. It does not have to be notarized.
The IP Office will examine applications on absolute grounds (eg. distinctiveness).

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 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.

Cancellation, invalidation and revocation actions possible only before the IPO.

National:
The opposition period is three months from the date of publication in the Official Bulletin.

Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
Kosovo is not a signatory state to the Madrid Agreement or Protocol. Once Kosovo joins the Madrid System, the holder of an earlier international registration having Kosovo as an extension country will be able to oppose the published trademark application.

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.

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.

Filing a new 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.

Trademark Licence Agreement
A licence must be in writing, signed by or on behalf of the grantor of the licence and the licensee. Licensing of unregistered marks is permitted. A licence to use a registered trademark may be general or limited. The holder of a trademark can license a trademark for either all or some of the goods or services in respect of which the mark is registered. There are exclusive and non-exclusive licences. There are statutory provisions prescribing the terms of licensing. The trademark holder may invoke the rights conferred by the trademark against a licensee who contravenes any provision of the licensing contract with regard to its duration and the form of use of the trademark as registered, the scope of the goods or services for which the licence is granted, the territory in which the trademark may be applied and the quality of the goods manufactured or of the services provided by the licensee.

Recordal
There are provisions in law for the recordal of a licence. The recordal is voluntary, but a licence will not have any legal effect against third parties unless it is recorded. The licence will only have effects against third parties before it is recorded, if third parties were aware of the existence of the licence agreement. There is no time frame for a recordal and no prescribed form or content for the validity of a licence agreement.

Further documents are required for a recordal:
1. A certified copy of the licence agreement
2. A power of attorney in the name of the licensee
3. A proof of payment of the official fee

An application for the registration of a trademark licence in the Trademark Register shall be filed at the Industrial Property Office.

Effectiveness
The licence agreement becomes effective and enforceable against third parties after its recordal in the Trademark Register. Once it is registered it is published in the Official Bulletin of the IP Office. Apart from the above, the unrecorded licence will also have effects against third parties who were aware of the existence of the licence agreement.

Infringement Proceedings
The licensee may join the trademark owner in infringement proceedings and may call upon the owner to institute infringement proceedings. Only the holder of an exclusive licence may institute proceedings for the infringement of a trademark in his own name.