BUSINESS NAME AND TRADE NAME
Registered name of the Joint Stock Company, Limited Liability Company and Limited Partnership shall be known as the business name. Business name is the official business name.
a). These entities shall be named by their business name in all court procedures, and all official public reports as well as in all of their invoices issuing them, orders they make, receiving orders, contracts they endorse and other similar documents.
b). Joint Stock Company, Limited Liability Company and Limited Partnership may well have exclusive right over the business name. Business name of Joint Stock Company, Limited Liability Company and Limited Partnership shall be protected by the law in Kosovo.
Registered name of an individual business and General Partnership will contain full name of the person responsible for individual business or full name of the person responsible for General Partnership. Registered name of the Individual Business and General Partnership Enterprise will be designated: Registered name.
Joint Stock Company, Limited Liability Company, Limited Partnership, Individual Business and General Partnership may well register Trade Name. These entities will have an exclusive right in the Trade Name, taking into consideration prerequisites of this act.
Business name and Trade name by itself should be understood as a name of a given registered entity. General designations for activity type having intentions of exercising it, or services or goods intended to be provided, or names of municipalities or places or similar regions, can not be used as Business or Trade name. Obtaining this decision no suffix may be attached to business name, which carries out determination of the business type. Business name or Trade name of an entity can not contain nothing else than that indicating type of enterprise responsibility.
Business name or Trade name may not be as such as to be understood as deceiving (confusing).
Trade name of an individual business and General Partnership can not contain any other surname than that of the owner or participant, if surnames have been used in the Trade name.
In case a participant have given resignation from a General Partnership, or if registered name or trade name have been transferred together with enterprise itself, previous participant name or owner may remain as part of a Business Name if such owner or participant have given his/her consent, and if the business name it is not as such as it might be understood as deceiving.
Business name should not be in non-compliance with laws or causes offences, only in cases when there is consent from the owner, to do so,
Business name or Trade name, should not;
a) include anything that would allegedly mean that it is a name of someone else, artistic name or similar, except in the first view it is clear that it is a name of someone that for a long time is not among livings,
b) include anything of what could be convinced that it is a frequent name of a foundation, charity association or other similar organization,
c) include anything of what we might be convinced that they are characteristic titles of literature or artistic work of someone with copyrights, or particular name which came out as a result of such composition, name that it is known and frequent,
ç) be as such as to be understood wrongly as a business name or distinguishing mark separated for someone else, or registered through a notification submitted previously,
d) include a name which is characteristic for someone else’s real property, or anything which might be understood as such
The right of the business name or trade name is protected from the day of registration.
The right of using the business name lapses in the event business lapses. The right of using the business name, when business in question shall be deleted each time from the registry, only if the business name and the business itself it taken over by someone else.
According to section 37 of AD 2002/22, registration certificate of business name and trade name it is a proof that the name in question is registered and as such it is in exclusive usage of the competitor.
First Trade Name registration will last 3 years. It may be renewed prior expiration of such period for another 5 years. In case Trade Name registration it is not renewed prior expiration of this registration, it will be canceled.
In case business name or trade name are utilized or registered at the Registration Office in non-compliance with this act, each one having legal interest or even the Ministry itself may initiate a legal procedure so the name is declared illegal.
According to Law on Agriculture Cooperatives No 2003/9, approved on the 23.06.2003, KBRA started with registration of ACs as well.
Farmers Cooperative or Cooperative means a legal entity established from natural or legal persons which all of them have to be farmers contributing with their own private property in capital assets.