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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
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If I register my trademark in Kosovo, do I have protection in other territories?
The territorial limit of registration is the Republic of Kosovo.
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Do I need to sign a Power of Attorney?
Yes, a trademark application cannot be completed without a power of attorney.
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Are there any benefits from a pre-filing use of the trademark?
Pre-filing use may:
- demonstrate acquired distinctiveness
- help overcome an opposition on the grounds of non-distinctiveness
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Will there be problems in case I don’t use my trademark after registration?
A registered mark becomes vulnerable to cancellation if it was not used within a period of five consecutive years starting on the date when the registration process was completed.
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What are the types of trademark that can be registered in Kosovo?
- words
- colours
- names
- devices
- slogans
- certain three-dimensional shapes
- holograms
- sounds
- trade dress/get-up
- letters and numbers
- combinations of all the above
- collective marks
- service marks
- certification marks
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What are the phases of application after a trademark has been filed in Kosovo?
The order of the application process is as follows:
- Examination of the application based on:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- Publication of the application particulars such as:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- application number
- application date
- goods/services
- priority claim information
- representation of trademark
- Registration
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What type of trademark is not registrable?
- generic terms
- functional signs
- marks contrary to moral standards or public order
- non-distinctive trademarks
- names, symbols, or flags of states, regions, nations or of international organizations
- marks that are primarily used as geographic location names
- marks that are prohibited by the law
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Does Kosovo use the "Nice Classification" system?
Kosovo uses the Nice Classification System.
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Does the Community Trademark apply for Kosovo?
The European Union Trade Mark registration is not recognized in Kosovo.
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Is there any possibility to claim priority in Kosovo?
Applicants may claim a priority application if:
- the home country is a member of the Paris Convention
- the home application was filed within six months prior to the application in Kosovo
- the home country is a member of the World Trade Organization
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What do I need to do to satisfy the use requirement?
Use the trademark within 5 years from the date of registration grant. The amount of use must be on a commercial scale and must be genuine. It must also occur in Kosovo.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the application date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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Is it legal to use my trademark even if it is not yet registered?
It is legally permitted to use a mark for any goods or services even if it’s not yet registered. However, it does not provide any legal rights to such mark.