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Amendments to Trademark Laws

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Sep 01, 2011 (Newsletter Issue 10/11)
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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