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Albanian IP Matters
Yzberisht, Tirane, Albania (AL)

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Albania (AL)
Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:

     General Trademark Regulations
     Trademark Use Requirements
     Grace Period for Trademark Renewal
     Trademark Licensing

If you like to purchase all available information for this country, click the order button.
The total price is 49.00 EUR. A PDF-Download will be sent to you electronically.

Mrz 21, 2019 (Newsletter Issue 4/19)
Accession to Lisbon Agreement
On February 8, 2019, WIPO notified the accession to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of October 31, 1958, as revised at Stockholm on July 14, 1967, and amended on September 28, 1979 ("Lisbon Agreement") by Albania.

The said Agreement will enter into force, with respect to the Republic of Albania, on May 8, 2019.

Source: www.wipo.int

Nov 30, 2018 (Newsletter Issue 20/18)
Accession to Vienna Agreement
On October 16, 2018, WIPO notified the deposit by Albania of its instrument of accession to the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks.

The said Agreement will enter into force on January 16, 2019.

Source: www.wipo.int

Jul 24, 2018 (Newsletter Issue 13/18)
New Regulation on Trademark Registration
A new trademark regulation entered into force in Albania on June 7, 2018. It clarifies a range of issues raised by the changes to the Albanian Industrial Property Law in force as of March 24, 2017. Some of the most significant changes and clarifications concern the following:

- Clear definition of trademark types and representation requirements
- Literal interpretation of the scope of protection when class headings are used in lists of goods and services in trademark applications and registrations
- Introduction of detailed rules on applications and registration procedures on each type of trademarks and the procedure for the opposition of registration, trademark protection and exemption from protection
- Guidance for the determination of well-known trademarks

The regulation was accompanied be the introduction of official fees. The fee for filing a trademark is now ALL 7,000 and for each additional class ALL 2,500.

For further information, please check the article of the law firm CR Partners here

Source: www.crpartners.al

Mrz 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

Mai 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

Sep 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

Mai 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 Law No. 9947 of July 7, 2008, 'On Industrial Property' (amendedon July 9, 2014 and March 25, 2017) and Decision of the Council of Ministers No. 315, dated May 31, 2018, 'On approval of the Trademark Regulation'.
Albania is a member of the Madrid Agreement, the Madrid Protocol, the Paris Convention, the Nice Agreement and the Vienna Agreement.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition [article 143 (3)(d) of the law)], especially when the opposing mark is well-known in the Albanian territory.
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 of:
a) Distinguishing the goods or services of a natural or legal person from those of another natural or legal person; and
b) 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 graphical representation requirement was abandoned with the implementation of Law No.17/2017, which entered into force on March 25, 2017.

The following trademark types are registrable: trademarks, collective marks and certification marks.

Non-traditional marks such as position, pattern, colour and shape marks are explicitly allowed to registration. However, the list the law provides is not exhaustive.
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. If the applicant has no seal, the Power of Attorney should be notarized before a public notary.
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 is 3 months from the publication of the trademark application in the trademark bulletin. The opposition term cannot be extended.


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.
Practical details on grace periods for trademark renewals are available in our publication here
Practical details on trademark use requirements are available in our publication here
The official fee for filing a trademark application fee is ALL 7,000 for one class and ALL 2,500 for each additional class. The official fee for registration is ALL 8,000. The official fee for filing a collective or certification mark is ALL 8,000.


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Practical details on trademark licensing are available in our publication here
SMD Group thanks the following law firms for their assictance in updating the information provided.

Dec 21, 2020
MSA IP - Milojevic, Sekulic & Associates, Belgrade, Serbia

Dec 05, 2019
Albanian IP Matters , Yzberisht, Albania  



Albanian IP Matters





Rruga “Besim Alla” pallati Dilo, shkalla 5, apt. 25
1051 Yzberisht, Tirane
Albania (AL)
Tel +355 67 40 83 530
team@albanianipmatters.al
www.albanianipmatters.al

Albanian IP Matters is a boutique law firm that specializes in prosecution and litigation of the entire spectrum of intellectual property (IP) right, as well as in marketing law. We operate within the Albanian co-speaking region, which includes Albania, Kosovo, Montenegro and North Macedonia. From our central office in Tirana, Albania, we coordinate all regional projects done at local level, ensuring you receive expert legal advice tailored to your local preference.

Our aim is to assist you in exploiting your IPR within the revitalized region. Albania, Kosovo, Montenegro and North Macedonia have now embarked on a vigorous process of integrating into the European Union (EU), a process requiring these countries to ensure a level of IP protection equal to that of the EU.

Equipped with broad expertise in the IP field, education in west and the proper understanding of the regional business climate position us particularly well to accomplish this mission.
We give your IP right the value it deserves!

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