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Trademark registration in Albania

Albania is a country located in the heart of the Balkans that is not only an attractive destination with its natural beauty and rich history but also a potential market for international businesses looking to expand their business. Therefore, trademark registration procedures are an important part of the business strategy, helping to protect the interests and brand reputation of enterprises against an increasingly competitive market. The procedure for registering a trademark in Albania requires a deep understanding of the legal system and processes in Albania. In this article, Viet An Law Firm will learn with you about the necessary steps to carry out trademark registration procedures in Albania.

Albania Intellectual Property

Legal basis

  • Law No. 9947 dated July 7, 2008 regulating Industrial Property is amended under Article 145;
  • Government Decision No. 1706 dated December 29st 2008 on the approval of the decree on registration of trademarks and service marks.

Definition of “trademark” in Albania

The concept of “Trademarks and service marks”

A trademark is a word, symbol, design, or combination of a number of words, phrases, symbols, or designs intended to identify and distinguish the origin of goods from those of others. Definitions of trademark services are the same as trademarks, except that they identify and distinguish the source of the services and not of the product. Signs that make up a trademark include:

  • Words, word combinations and personal names
  • Letters, numbers
  • Shape marks, including icons
  • Three-dimensional form, including the shapes of products and their packaging
  • Colors, combinations of colors, light signals if they are charted
  • Combination of the signs mentioned above

Signs that are not considered trademarks

Not every symbol can be protected as a trademark, so the law allows intellectual property authorities to refuse to register a trademark if:

  • Trademarks may violate public moral rules
  • Registered trademarks include national or international symbols, flags or religious symbols.
  • Trademarks include the names of famous people from the public, painters or their nicknames, without the permission of these people. Conversely, the fact that a trademark is registered in the Trademark Registration Table is not a reason to reject the application. The decision to allow or oppose registration rests with the previous trademark owner.

Conditions for trademark registration in Albania

Differentiation

The trademark must be able to distinguish the applicant’s goods or services from those of other entities. A trademark may not duplicate or cause confusion with other registered trademarks.

Descriptiveness

A trademark must not specify the nature, quality, manner of manufacture, raw materials, price, address of the place where the goods or services are produced or provided.

Non-functional properties

A trademark may not specify the functional or use characteristics of the goods or services.

Trademark registration dossier in Albania

According to Law No. 9947, dated July 7, 2008 “On Industrial Property”, as amended by Article 145 and Government Decision No. 1706, dated December 29, 2008, “On the Approval of the Decree on Registration of Trademarks and Service Marks”, Chapter II, the documents that a trademark application must provide include:

  • Form FM1 has been completed and signed by the applicant or intellectual property representative;
  • 8 copies of the brand’s label (logo), size 8 × 8 cm;
  • Proof of payment of registration fee; Authorization of representation if the application is submitted by an authorized representative. In case the trademark is a class, documentation of the rules for the use of the trademark is required;
  • If the application contains a statement of priority, it is necessary to submit a document proving the priority or a certificate issued by the competent authority.

How to file for trademark registration in Albania

To file for trademark protection in Albania, you can apply by the following filing methods:

  • Direct submission: You can come directly to the office of the Intellectual Property Office of Albania in Bulevardi “Zhan D’Ark” Prona nr. 33 ish-Shtëpia e Ushtarakëve Tirana Albania to submit the application and related documents.
  • By Post: You can send your application form and all necessary documents via postal service or courier service to the address of the Albanian Intellectual Property Office.
  • Submit online via website:

https://e-albania.al/eAlbaniaServices/Packages.aspx?lvl=2&path_code=5021&cat_id=5021 When applying online, you should pay attention to the payment of the relevant fee in accordance with the instructions of the Albanian Intellectual Property Office.

Trademark registration fees in Albania

Basic Application Fee:

  • One class of goods/services: 675 EUR
  • For each 2nd class of goods/services onwards: EUR 76

Publication fee: 40 EUR

With additional right-of-way documentation (if any): EUR 60

Fee for issuance of protection certificate: 100 EUR

Process of Trademark Application in Albania

Appraisal of documents

GDIP will evaluate the trademark application for distinctiveness, non-descriptiveness and non-functionality. GDIP will also check whether the trademark is duplicated with other registered trademarks.

Trademark disclosure

If the trademark application is approved, the trademark will be published in the Official Gazette of Albania within one month. This allows third parties to file objections to trademark registration.

Grant of protection titles

If there is no objection or objection, DPPI will issue a certificate of protection to the petitioner.

The processing time for trademark registration in Albania is usually between 6 and 8 months.

Trademark registration service in Albania of Viet An Law Firm

  • Carry out the search and notify customers in writing of the results of trademark search in Albania;
  • Drafting dossiers and directly submitting and monitoring the status of trademark application filings in Albania on behalf of trademark owners;
  • Inform, advise and handle deficiencies/refusals of competent State authorities (if any) in the process of monitoring trademark applications in Albania;
  • Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Albania.
  • Receive dispatches, certificates and hand over to customers (if any).

If customers want to file a trademark application in Albania, please contact Viet An Law Firm for the most effective support.

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