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Amendments to Trademark Laws

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Sep 13, 2016 (Newsletter Issue 16/16)
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Administrative Instructions Changed

Four new IP-related administrative instructions have recently entered into force in Kosovo.

The Administrative Instruction (AI) No. 08/2016, effective as of July 4, 2016, relates to the accelerated examination of trademark applications, which is still available if there has been an alleged infringement of trademark rights. When requesting such examination, the applicant must indicate the trademark filing details and submit:
- Copy of the trademark application as filed;
- Arguments proving the alleged trademark infringement; and
- Proof of payment of the official fee per trademark in the amount of EUR 120.
Previously, the applicant also had to submit the proof that a civil or a customs action had been initiated.

The accelerated examination request may be submitted at any time after the filing date, as no time frame is specified. The IP Agency will decide on the request within 15 days from the filing date of the request.

The second Administrative Instructions, No. 10/2016, effective as of August 2, 2016, introduces a single fee system and amends certain official fees.

Previously, the Kosovo IPO provided two different schedules of fees, one for legal entities and one for natural persons. The new AI provides for a single fee schedule for both categories of applicants.

Certain official fees have increased significantly. For instance, the fee for filing oppositions has doubled, from EUR 50 to EUR 100, while the fee for invalidation actions increased from EUR 50 to EUR 200.

The third Administrative Instructions, No. 11/2016, effective as of August 12, 2016, was approved following the entry into force of the new law on geographical indications and designations of origin, in January 2016.

Finally, the fourth Administrative Instructions, No. 12/2016, on the industrial design registration procedure entered into force on August 22, 2016, providing detailed information on the procedures prescribed by the new law on industrial design, in force as of January 2016.

These two Administrative Instructions thoroughly describe the procedures such as application, registration, publication, recordal of changes, renewal and termination of validity for GI(s) and industrial designs.

The new Administrative Instructions on trademark and patent registration procedures are expected to enter into force soon.