- What is a trademark or service mark?
A trademark is a word, symbol, design, or combination of several words, phrases, symbols, or designs that identifies and distinguishes the source of the goods of one party from those of others.
The definition of a service mark is the same as that of a trademark, except that they identify and distinguish the source of the services and not the products.
- Shenjat që përbëjnë një markë
- Fjalët, kombinimet e fjalëve, duke përfshirë dhe emrat personalë
- Gërmat, numrat
- Shënjat figurative, duke përfshirë vizatimet
- Format tridimensionale, duke përfshirë format e mallrave dhe amballazhet e tyre
- Ngjyrat, kombinimin e ngjyrave, sinjalet e dritës në qoftë se, ato paraqiten grafikisht
- Kombinimi i shenjave të përmendura më lart.
- Signs that do not constitute a trademark
Not every symbol can be protected as a trademark, so the law allows for the possibility of refusing to register a trademark if:
- The trademark may be contrary to the rules of public morality
- The registered trademark consists of state or international emblems, flags or religious symbols.
- Trademarks which consist of the names of well-known persons from the public, their portraits or nicknames, without the authorization of these persons.
On the other hand, the fact that a trademark is registered in the Trademark Register is not a reason for rejection of a registration application. It is up to the previous trademark owner's right to decide whether to allow or oppose its registration.
Trademark registration procedures
To better perform information services for our customers, GDIP has decided to publish more detailed information on how to fill out the application form for trademark registration (FM1) as well as the documents that the application must contain, at the time of application filing by the applicant. Subsequently, you will find helpful notes on how to fill in each paragraph of the trademark application form, as well as a guide prepared for this purpose.
Next, you will find the fees for registration of industrial property objects based on the decision number 883, dated 13.05.2009 "On the approval of tariffs for the registration of industrial property objects", as amended.
- Documents that a trademark application must contain.
According to law no. 9947 dated 07.07.2008 “On Industrial Property”, amended, article 145 and DCM No. 1706, dated 29.12.2008, “On the Approval of the Regulation on Registration of Trademarks and Service Trademarks”, Chapter II, the documents that an application for trademark registration must contain, are:
- FM1 form completed and signed by the applicant or his representative;
- 8 copies of the label (logo) of your brand, measuring 8 × 8 cm;
- document proof of the filing fee payment;
- authorization of representation in case the request is submitted by an authorized representative or a person appointed by him.
- in case the trademark is collective, the document on the rules of use of the trademark is required;
- if the application contains a statement of priority, a document certifying the priority or a certificate issued by the competent authorities must be submitted;
- The documents contained in the application must be submitted to the GDIP placed in the file on the left side of which is attached the index file of trademark registration.
- Information regarding international trademark registration
The international trademark registration system is regulated by two international agreements to which the Republic of Albania has acceded as a member state:
- Madrid Agreement concerning the International Registration of Marks
- Protocol to the Madrid Agreement.