In Kosovo, registration is mandatory to obtain trademark rights, as it is a “first-to-file” jurisdiction. Only in very exceptional cases will unregistered trademarks be protected. Because of this, filing for registration is essential if you want:
- Exclusive rights over your brand in Kosovo.
- Clear proof of ownership to avoid future disputes.
- A stronger position to act in cases of trademark infringement.
Trademark applications must be filed with the Intellectual Property Office of the Republic of Kosovo KIPA.
Use of the trademark in Kosovo is not required to obtain registration. However, prior, extensive use can be very helpful to overcome objections based on lack of distinctiveness, by showing that the mark has acquired distinctiveness through use.
If you register a combined trademark (word + figurative elements) in Kosovo, your exclusive right is limited to that exact configuration as filed and registered. If you plan to use the word element separately from the logo (or vice versa), it is advisable to file separate applications for those elements individually, so they are each protected on their own.
If a third party later tries to register or use a trademark for similar goods or services that includes a primary or distinctive portion of your mark, you may oppose that application on the basis of confusing similarity. The chances of success will depend on the specific circumstances of each case.