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
- Patent Law of 29 August 2011
- Law amending and supplementing Patent Law of 24 August 2015
- Trademark Law of 24 August 2011
- Law amending and supplementing Trademark Law of 24 August 2015
- Law on Industrial Design of 31 December 2015
- Law on Geographic Indication and Designation of Origin of 12 January 2016
- Law on Determining the Rights and Protection of Topographies and Integrated Circuits of 20 July 2010
- Law on Copyright and Related Rights of 30 November 2011
- Law on Amending and Supplementing Law on Copyright and Related Rights of 3 November 2016
Trademarks
Filing the Application – Requirements
- Name and address of the Applicant
- Representation of the Mark
- List of Goods and Services according to the 11th 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
- The registration procedure takes approximately 6 – 9 months from the date of filing of the application
Opposition
- Oppositions against published trademark applications can be filed within three months from the publication date
Duration
- Once the ten-year protection fees are paid, the Trademark is valid for 10 years from the date of filing of the application
- Once the renewal fees are paid, the validity of the Trademark will be extended for a further 10 years. 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 fine of 100% of the official fees
Recording changes in the Register
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Assignment of Rights Requirements
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- Original of the signed and stamped Power of Attorney on behalf of the Assignor. If a company stamp is not available, notarization is required. This PoA is only required if we are not the representatives in the file
- 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)
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Change of Name Requirements
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- 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
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Change of Address Requirements
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- 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
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Assignment of Rights Requirements
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- 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
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Change of Name Requirements
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- 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
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Change of Address Requirements
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- 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
- 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
- The fees for the first five years of protection are payable once the Design is granted. From the 6th to the 25th year the fees are payable for periods of 5 years
Duration
- 25 years from the date of filing of the application
Recording changes in the Register
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Assignment of Rights Requirements
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- Original of the signed and stamped Power of Attorney on behalf of the Assignor. If a company stamp is not available, notarization is required. This PoA is only required if we are not the representatives in the file
- 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)
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Change of Name Requirements
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- 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
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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.
