Trademarks in Kosovo provide legal protection for businesses and consumers, while their violations are pursued through court proceedings and customs actions. Trademark registration guarantees exclusivity, protects the business name and prevents counterfeiting, increasing credibility and security in the market.
Products are identified with distinctive signs, their protection is done through institutions and is also guaranteed by law. Counterfeit goods cause considerable damage to legitimate businesses in the country, but illegal use is also pursued through judicial procedures.
“Persons who use the trademark are also subject to a fine, the equivalent of which ranges from 5 to 15 euros, while individuals who have committed acts against a legal entity, if a natural person, using their business, has committed this misuse, are also subject to a fine, 500 to 1,500 euros,” says Arbër Istrefi, a lawyer.
Businesses in Kosovo have filed requests for the enforcement of rights in court.
“The Commercial Court in the First Instance Chamber has inherited around 100 cases from the basic courts and, as of August 1, 2022, has handled 283 new cases, resolving 227 of them; 60 are still in process. In the Second Instance, 122 cases have been resolved, and only 2 remain unresolved,” the Commercial Court states.
To gain trademark protection, all businesses are advised to apply for trademark registration, otherwise, without registration, the business name is not protected and no one has exclusivity over its use.
“It is very important to note that a trademark can protect a business name, a logo or a certain color, because the function of a trademark is to distinguish entities from each other, to distinguish one company from another, and it is also very important for consumers, who need to identify a trademark or a certain brand. In many cases, they decide to purchase certain products,” says Valon Kashtanjeva, legal consultant.
While the Criminal Code provides for the protection of consumers, who in this case may be subject to punishment for trademark infringement, this occurs through the purchase of counterfeit trademarks for the same amount of money as the original. The presence of this phenomenon on a large scale is evidenced by concrete cases of customs actions, where counterfeit goods have been confiscated and have a high value, violating trademark rights. /RTK