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Yzberisht, Tirane, Albania (AL)

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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.


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.


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


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.


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.


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 the Law 9947 of July 7, 2008, 'On industrial property' (amended by Law 55/2014 and Law 17-2017) and the 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. 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: trademarks, 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. 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
After registration, the trademark is published in the 'Buletini i Pronësisë Industriale (Marka)' as well.
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 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 licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Jul 31, 2019
MSA IP - Milojevic, Sekulic & Associates, Tirana, Albania

Jun 25, 2018
Zivko Mijatovic & Partners, Tirana, Albania

Apr 12, 2017
Zivko Mijatovic & Partners, Tirana, Albania

Feb 22, 2017
Zivko Mijatovic & Partners, Tirana, Albania

Sep 29, 2015
Zivko Mijatovic & Partners, Tirana, Albania

Sep 02, 2014
Zivko Mijatovic & Partners, Tirana, Albania

Aug 09, 2013
Zivko Mijatovic & Partners, Tirana, Albania

Jul 10, 2013
Studio Driar, Tirana, Albania

Jul 12, 2012
Studio Driar, Tirana, Albania

Albanian IP Matters

Rruga “Besim Alla” pallati Dilo, shkalla 2, apt.25
Yzberisht, Tirane
Albania (AL)
Tel +355 67 40 83 530

We are an Intellectual Property (IP) Consulting Firm operating in Albania. We consult domestic and foreign clients on the IP legal framework, and provide a full range of IP services from registration to enforcement for various IP right.

Albanian IP Matters has started its journey as an IP law firm just recently, in October 2018. However, its key figures have a considerable experience in the IP field, namely:

Mrs Irma Cami enjoys a long-standing experience of more than 10 years in IP field. She worked for 10 years at a regional IP firm, mainly focusing on IP litigations and oppositions. Her extensive experience recently saw her elected as a trainer for training judges in IP related cases.

Mr Gent Hasa is another key figure of the firm. He graduated as Mechanic Engineer in 1998, and in 2004 finished Master of Science (M.S) in Italy, and has been qualified as Patent and Trademark Agent since October 2016.

Keeping abreast of new developments and market trends is fundamental to our work.

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

Tel +355 4 2236 288
Fax +355 4 2234 412

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