Information about trademarks
What is a trademark or a service mark?
A trademark is a word, symbol, design, or a combination of words, phrases, symbols, or designs that identify and distinguish the source of goods of one party from those of another party.
The definition of a service mark is the same as that of a trademark, except that they identify and distinguish the source of services rather than products.
Signs that constitute a trademark:
• Words, combinations of words, including personal names.
• Letters, numbers.
• Figurative signs, including drawings.
• Three-dimensional shapes, including the shape of goods and their packaging.
• Colors, color combinations, light signals, if they are presented graphically.
• The combination of the signs mentioned above.
Signs that do not constitute a trademark
Not every symbol can be protected as a trademark, so the law allows the possibility of refusing trademark registration if:
1. The registered trademark may be in conflict with public morality rules.
2. The registered trademark consists of state emblems or those of international organizations, flags, or religious symbols.
3. Trademarks that consist of the names of individuals well-known to the public, their portraits, or pseudonyms, without the authorization of these individuals.
On the other hand, the fact that a trademark is registered in the Trademark Register does not fall under the reasons for rejecting a registration application. This is part of the previous trademark owner's right to decide whether to allow or oppose its registration.
Trademark Registration Procedures
In order to enhance the quality of information services for our clients, DPPI has decided to publish more detailed information regarding the procedure for completing the trademark registration application form (FM1) as well as the documents that the application must include at the time of submission by the applicant.
Below, you will find helpful notes on completing each section of the trademark registration application form, as well as the guide prepared for this purpose.
Below, you will find the fees for the registration of industrial property objects based on decision number 883, dated 13.05.2009. “On the approval of fees for the registration of industrial property objects,” as amended.
Fees for the Registration of Industrial Property Objects, DCM No. 883, Dated 13.05.2009
Documents Required for a Trademark Registration Application
Based on law No. 9947, dated 07.07.2008, “On Industrial Property,” as amended, Article 145, and DCM No. 1706, dated 29.12.2008, “On the Approval of the Regulation for the Registration of Trademarks and Service Marks,” Chapter II, the documents required for a trademark registration application 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.
Signs that constitute a trademark:
• Words, combinations of words, including personal names.
• Letters, numbers.
• Figurative signs, including drawings.
• Three-dimensional shapes, including the shape of goods and their packaging.
• Colors, color combinations, light signals, if they are presented graphically.
• The combination of the signs mentioned above.
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:
1. Madrid Agreement concerning the International Registration of Marks
2. Protocol to the Madrid Agreement.
DECISION NO. 315, DATED 31.5.2018 "ON THE APPROVAL OF THE REGULATION FOR TRADEMARKS" Download Document
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