Select Country

Select a country to view information on local trademark law


Countries
A-E  F-J  K-O  P-T  U-Z

Multinational Agreements
AIPO/OAPI  ARIPO 
EUIPO  WIPO

Services Firms

Check IP services firms here

Feedback

Please report us if any of this content needs an update


Law Firms and
IP Consultancies

For legal advice please contact:

Zivko Mijatovic & Partners
Tirana, Albania (AL)

More info

MSA IP - Milojevic, Sekulic & Associates
Belgrade, Serbia (RS)

More info

Further contacts here

Get Listed

Promote your expertise to IP professionals worldwide.
read more

Albania (AL)

Print this page
03-29-2017 (Newsletter Issue 6/17)
Substantive Changes to IP Law Introduced
Multiple changes to the Albanian Industrial Property Law debated since August 2016 were recently approved by Law No.17/2017, which entered into force on March 24, 2017.

According to the IPO, the main goal of these changes is to further harmonize Albanian law with the EU acquis and to create an equal level of enforcement to that existing in the EU. This is due to obligations deriving from Article 73 of the Albania-EU Association and Stabilization Agreement, in force as of April 2009.

Some of the multiple changes are the following:

- Functional and structural in the Albanian IPO have been changed. The IPO will be granted a larger role in enforcement procedures. The IPO will not only examine oppositions but will also handle different kinds of enforcement claims, including cancellation, invalidation and non-use actions and claims based on well-known status.
- Oppositions can now be also filed by holders of unregistered well-known trademarks and any person that contests a trademark applied for in bad faith.
- Observations by third parties have been introduced. Any third party that objects to the registration of a trademark has the right to submit a written observation, only on absolute grounds, to the Examination Division.
- Status for used marks and unregistered well-known marks now equal.
- “Trade Origin” to deceptive marks provision has been added.

For further information, please see the article from Ms Cami of PETOŠEVIĆ Albania which can be accessed here

Source: PETOŠEVIĆ, Albania


05-31-2016 (Newsletter Issue 10/16)
New Regulation on Customs Enforcement
A new regulation on customs enforcement of intellectual property rights, modelled after the EU Regulation No. 608/2013, entered into force in Albania on January 12, 2016.

The new regulation introduces an exhaustive list and definitions of IP rights, in line with Albania’s IP laws. It also clearly specifies the procedures and deadlines that the Albanian customs authorities and/or IPR owners should follow in case of suspected IPR-infringing goods.

The new regulation also introduced a new application for action form, similar to the EU form used under the EU Regulation. The application for action may be submitted either electronically or in hard copy. Currently, electronic submission is only possible by email, as the customs authorities are still developing the online application system.

The new application must contain mandatory information on genuine goods, comprising (i) a more detailed description of goods including average market price and distinctive features; (ii) places of production; (iii) names of involved companies such as manufacturers, suppliers, importers, exporters, consignees and authorized traders. Omitting mandatory information may lead to rejection of application.

Finally, the new application is to be submitted upon or at any time before the expiration of the application for action granted under the former regulation.

Source: www.petosevic.com


09-02-2014 (Newsletter Issue 13/14)
IP Law Amended
Albania has adopted amendments to the Industrial Property Law aiming to reach a level of IP protection similar to that existing in the European Union. The law No. 55/2014 was published in the Official Gazette on 24 June 2014 and entered into force on 10 July 2014.

The most important changes related to trademarks are:

- Under the amendments, the PTO is to complete the examination of absolute grounds within three months from the application date. If all the formalities are not completed, the PTO will issue a notification giving the applicant a deadline of additional two months, to file additional documents if needed. The publication of the application will follow after the completion of the above.
- The amended law now includes provisions on certification marks, which can be registered according to the rules and regulations set out in the law.
- The law now foresees the cancellation of an earlier trademark filed in bad faith, whereas this legal ground was not included in the previous law.

Source: www.petosevic.com


05-02-2013 (Newsletter Issue 6/13)
Change of Practice in Registering Domain Names
The Board of Directors of the Albanian Authority on Electronic and Postal Communication (AKEP) amended the Regulation on Domain Names No. 437, of February 21, 2008 with its Decision No. 2252 of January 23, 2013.

The most important change is that foreign entities no longer need to have a local (Albanian) office or branch in order to register .al domain names. Foreign entities can now register .al domain names or have existing .al domain names transferred to them, pursuant to conditions prescribed by the Regulation on Domain Names. In the past, local presence was required.

Foreign entities may work through local registrars who are accredited by AKEP. The process of accreditation will commence on May 01, 2013.

Source: Cabinet Pavlovic, Belgium


Legal basis is the Law 9947 of July 7, 2008 'On industrial property' (amended by Law 55/2014 and Law 17-2017) and the DCM no. 1706 dated December 29, 2008 'On the approval of the regulation concerning the registration of trademarks of good and services'.
Albania is a member of the Madrid Agreement, the Madrid Protocol, the Paris Convention and the Nice Agreement.
Trademark protection is obtained by registration. Albania protects a well-known mark against conflicting marks, at least with effect from the time when the mark has become well known in the country, according to Paris Convention.
Nice classification, 11th edition
A mark may be any sign, in particular words, including personal names or designs, letters, numbers, colours, the form of goods or their packaging, or sounds, provided that those signs shall be capable:
a) of distinguishing the goods or services of a natural or legal person from those of another natural or legal person; and
b) of being represented in the register in such a way as to enable the competent authorities and the public to determine clearly and accurately the object of protection recognized to its owner.

The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
The application is filed at the General Directorate of Industrial Property.
Multiple-class applications are possible.
Foreign applicants do not need a domestic registration.
Foreign applicants need a local agent.
A non-legalised, signed and stamped/sealed power of attorney is sufficient.
The first office action is the issuance of the Filing Certificate of the trademark within 3-5 days as from the application date of the trademark with the office.
The processing time from filing to registration is approx. 6 to 9 months.
The application process includes a formal examination and a substantial examination on the basis of absolute grounds, but no search for prior trademarks (relative grounds).
The trademark application data are published after the formal examination in the 'Buletini i Pronësisë Industriale (Marka)' which is published twice a month and only electronically. It can be accessed http://dppm.gov.al/.
After registration, the trademark is published in the 'Buletini i Pronësisë Industriale (Marka)' as well.
National:
The opposition period against a national trademark is 3 months from the publication date of the trademark application data; no extension of the term is provided.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection begins with the date of application, but the trademark is valid only after successful registration. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the renewal date of the trademark.
If the owner has not been able to renew its trademark within the provided term, a request for reinstatement of rights can be filed within 2 months from the day the hindrances that caused the refusal of the application have been eliminated, but not later than one year from the date of the end of the lost time period.

Further practical details are available in our publication on this topic here
If the trademark has not been used for 5 consecutive years from the registration date or from any other date of the last use of the trademark, it may be subject to cancellation proceedings.
A request for the cancellation of a mark on the non-use ground can be filed to the Chamber for cancellation/invalidation or directly to the court if a proceeding in court is going on in connection with this mark.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application fee is ALL 5,000 for one class and ALL 2,500 for each additional class. The official fee for registration is ALL 6,500.


Currency Converter   (Source for exchange-rates: bankenverband.de)
Find out how much this is in your own currency and convert!

Initial currency

Amount
left-to-right wrrow
convert into
Target currency

Amount

Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 240,00 € 90,00 € 
Word Mark Search (identical) 220,00 € 70,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
04-12-2017
Zivko Mijatovic & Partners, Tirana, Albania  

02-22-2017
Zivko Mijatovic & Partners, Tirana, Albania  

09-29-2015
Zivko Mijatovic & Partners, Tirana, Albania  

09-02-2014
Zivko Mijatovic & Partners, Tirana, Albania  

08-09-2013
Zivko Mijatovic & Partners, Tirana, Albania  

07-10-2013
Studio Driar, Tirana, Albania

07-12-2012
Studio Driar, Tirana, Albania



Zivko Mijatovic & Partners



Djura Mijatovic


Loloci Rr. "Deshmoret e 4 Shkurtit"
Pallati i Ri Kontakt, Kati II, Tirana
Tel: + 34 96 515 42 44
Fax: + 355 42 250 736
albania@zm-p.com
www.zm-p.com

Our law firm was established in 1939 in Belgrade, Yugoslavia as a general practice law firm. It has grown progressively and today, we have ten offices in nine European countries.

Our services are provided through the network of ZMP offices which cover the Balkan Peninsula, Central Eastern Europe as well as the whole EU via our office in Alicante, Spain the home of the Office for Harmonisation in the Internal Market (OHIM).

Over the last thirty years, the primary activity of our office has been the protection, via prosecution and litigation, of all Intellectual Property rights. Nonetheless, our activity still embraces other fields of law and consequently we are at your disposal to provide you with full range of services in the field of Commercial Law and Corporate Law in all the countries of The Balkans.

Our constant presence in eight different neighbouring countries of the Balkans, allows us to provide our clients with immediate and simultaneous service in two to eight different countries of the region, by simply contacting one of our offices. That is why the services we provide are unique in the region.

MSA IP - Milojevic, Sekulic & Associates



Milan Milojevic

Milan Milojevic
Terazije 29/V
11000 Belgrade
Serbia (RS)
Tel +381 11 785 68 20
Fax +381 11 414 09 90
tm@msa-iplaw.com
www.msa-iplaw.com

MSA IP – Milojevic, Sekulic and Associates is a boutique law firm which specializes in prosecution and litigation of trademarks, patents, designs, as well as in enforcement of Intellectual Property rights in the region of Southeast Europe. From its head office in Belgrade, Serbia, MSA IP directs and coordinates the work of its local offices in nine countries in the region, as well as the work of its associated firms in other neighboring countries.

Its expertise encompasses all areas of Intellectual Property law to include:
- Providing opinions on the registrability of trademarks, patents and designs
- Searches
- Filing, prosecution and maintenance
- Assignments and licensing
- Enforcing intellectual property rights through litigation, negotiation and arbitration
- Anti-counterfeiting activities
- Domain name registrations and dispute resolution

MSA IP is the winner of numerous industry awards, including the Client Choice Award in 2015 and the ACQ award for Intellectual Property Law Firm of the Year Award in 2016.

General Directorate of Industrial Property (DPPI)
Bulevardi “Zhan D’Ark”
Prona nr.33
Shtëpia e Ushtarakëve
Tirana
Albania

Tel +355 4 2236 288
Fax +355 4 2234 412
Mail mailinf@alpto.gov.al
www.dppm.gov.al

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int