Trademarks
- Filing the Application – Requirements
- Registration Procedure
- Opposition
- Duration
- Recording changes in the Register
Patents
- Filing a Conventional Application – Requirements
- Registration Procedure
- Duration
- Recording changes in the Register
Industrial Designs
- Filing the Application – Requirements
- Registration Procedure
- Duration
- Recording changes in the Register
Legislation
- Patent Law, entered into force on 4 February 2022
- Law on Trademarks, entered into force on 13 July 2022
- Law on Industrial Designs, entered into force on 5 February 2022
- Law on Geographic Indications and Designations of Origin, entered into force on 12 January 2016
- Law on Semiconductor Topographies, entered into force on 17 January 2022 Law on Copyright and Related Rights, entered into force on30 November 2011
- Law on the Amendments to the Law on Copyright and Related Rights, entered into force on 3 November 2016
- Law on the Protection of Trade Secrets, entered into force on 14 June 2022
- Law on Customs Measures for Protection of Intellectual Property Rights, entered into force on 23 May 2018
Trademarks
Filing the Application – Requirements
- Name and address of the Applicant;
- Representation of the Mark;
- List of Goods and Services according to the 12th Edition of the Nice Classification (Classes 1-45);
- Original of the signed and stamped Power of Attorney. If a company stamp is not available, notarization is required;
- Priority date, country and number together with the notarized original or certified copy of the Priority document (accompanied by a certified translation of the document into English if it is in another language). The priority document can be submitted subsequently, within three months from the date of filing of the application.
Registration Procedure
- The Application is filed with and examined on absolute grounds by the Intellectual Property Office;
- Applications may be refused on relative grounds only on the basis of an opposition;
- The registration procedure takes approximately 6 months from the date of filing of the application.
Opposition
- Oppositions against published trademark applications can be filed within three months from the date of publication of the application in the official gazette.
Duration
- Trademarks are registered for a period of 10 years from the date of filing of the application (upon payment of the registration fees) and can be renewed indefinitely. Trademark registrations may be renewed for further 10-year periods. The renewal fees can be paid during the last six months of the previous ten-year protection period or up to six months after the expiration date with a 100% surcharge on the renewal fees.
Recording changes in the Register
Assignment of Rights Requirements
- Original of the signed and stamped Power of Attorney on behalf of the Assignee. If a company stamp is not available, notarization is required;
- Notarized original or certified copy of the assignment document signed by the Assignor and the Assignee (accompanied by a certified translation of the document into English if it is in another language).
Change of Name Requirements
- Original of the signed and stamped Power of Attorney indicating the new name. If a company stamp is not available, notarization is required;
- Certified extract from the business register showing the change of name or a certified declaration of change of name.
Change of Address Requirements
- Original of the signed and stamped Power of Attorney indicating the new address. If a company stamp is not available, notarization is required;
- Certified extract from the business register showing the change of address or a certified declaration of change of address.
Patents
Filing a Conventional Application – Requirements
- Name and address of the Applicant;
- List of inventors;
- Priority date and number;
- Specification of Patent;
- Patent Claims;
- Drawings (if any);
- Abstract – summary of the invention;
- Power of Attorney signed by the Applicant (date, name, family name, position, facsimile or seal – if the applicant is a company) – can be submitted subsequently, within the term given by the PTO;
- The Application is to be filed within one year as from the priority date;
- Translation of specification, claims and abstract into Albanian language.
Registration Procedure
- The Kosovo IP Office examines only the formal requirements and if those are fulfilled it grants the patent. In order to obtain a fully registered patent, the Applicant is obliged to submit evidence that the patent for the same invention has been granted by the institution bearing the status of the International authority for evaluating patents or, if no evidence is submitted, the patent is only valid for ten years.
Duration
- 20 years from the application date for conventional Patents;
- The protection fees are to be paid annually, prior to or on the anniversary of the filing date or within the following six months with fine.
Recording changes in the Register
Assignment of Rights Requirements
- Power of Attorney signed by the Assignor (date, name, family name, position, facsimile or seal – if the applicant is a company);
- Power of Attorney signed by the Assignee (date, name, family name, position, facsimile or seal – if the applicant is a company);
- Assignment document signed by the Assignor and the Assignee. Document must be notarized by a Notary Public.
Change of Name Requirements
- Power of Attorney indicating the new name, signed by a representative of the Company (date, full name, position, facsimile or seal – if the applicant is a company);
- Certified extract from the Register of Companies showing the change of name.
Change of Address Requirements
- Power of Attorney indicating the new address, signed by a representative of the Company (date, full name, position, facsimile or seal – if the applicant is a company);
- Certified extract from the Register of Companies showing the change of address.
Industrial Design
Filing the Application – Requirements
- Name and address of the Applicant;
- Information regarding the number of external shapes the protection is sought for;
- Full and short title of the industrial design;
- Representation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested). However, if the object of the application is a two-dimensional design and the application contains a request for deferment of publication, the representation of the design may be replaced by a specimen. Up to 7 views of the design are allowed;
- Original of the signed and stamped Power of Attorney. If a company stamp is not available, notarization is required;
- Priority date, country and number together with the notarized original or certified copy of the Priority document (accompanied by a certified translation of the document into English if it is in another language). The priority document can be submitted subsequently, within three months from the date of filing of the application.
Registration Procedure
- Industrial Design Applications are examined and if the application meets the prescribed requirements, the Office will issue the Decision on grant upon payment of the first five-year protection fees.
Duration
- 25 years from the date of filing of the application;
- Renewal fees are to be paid every five years.;
- A request for renewal can be made and the fee for renewal paid in the six-month period prior to the expiry date of the registration. An additional six-month grace period for renewal starts on the day following the date of expiry. During the grace period an additional renewal fee of 100 % will be charged.
Recording changes in the Register
Assignment of Rights Requirements
- Original of the signed and stamped Power of Attorney on behalf of the Assignee. If a company stamp is not available, notarization is required;
- Notarized original or certified copy of the assignment document signed by the Assignor and the Assignee (accompanied by a certified translation of the document into English if it is in another language).
Change of Name Requirements
- Original of the signed and stamped Power of Attorney indicating the new name. If a company stamp is not available, notarization is required;
- Certified extract from the business register showing the change of name or a certified declaration of change of name.
Change of Address Requirements
- Original of the signed and stamped Power of Attorney indicating the new address. If a company stamp is not available, notarization is required;
- Certified extract from the business register showing the change of address or a certified declaration of change of address.
This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.
