Trademarks Law in Albania
Trademark Law in Albania
1. Legal Framework
Trademark protection in Albania is governed primarily by:
Law No. 10131, dated 11.05.2009 “On Trademarks and Geographical Indications”, as amended
Albania is also a member of international agreements and treaties, including:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (for international trademark registration)
TRIPS Agreement
European Union intellectual property regulations (Albania is a candidate country and aligns laws accordingly)
2. What Can Be Registered as a Trademark?
Albanian law allows registration of trademarks that can distinguish goods or services of one enterprise from those of others. These include:
Words, names, letters, numerals
Logos, symbols, drawings, shapes, colors, or combinations thereof
Sounds and three-dimensional signs (shapes of products or packaging), if capable of distinguishing goods/services
Collective marks and certification marks
3. Requirements for Registration
Distinctiveness: The mark must be distinctive and not generic or descriptive without acquiring secondary meaning.
Non-Deceptiveness: The mark cannot be misleading regarding the nature, quality, or geographical origin of the goods/services.
Not Conflicting: The mark must not conflict with earlier trademarks or protected signs.
Must not be contrary to public order or morality.
4. Trademark Registration Process
Application filed with the General Directorate of Industrial Property (GDIP) in Albania.
Formal examination for compliance.
Substantive examination for distinctiveness and conflicts.
Publication for opposition (third parties can oppose within 3 months).
If no opposition or opposition is rejected, trademark is registered.
Registration is valid for 10 years from the filing date, renewable indefinitely for 10-year periods.
5. Rights Conferred by a Registered Trademark
Exclusive right to use the trademark in connection with the goods/services for which it is registered.
Right to prevent third parties from unauthorized use, imitation, or confusingly similar marks.
Right to license or assign the trademark.
Protection against trademark dilution and unfair competition.
6. Well-Known Trademarks
Albania provides special protection to well-known trademarks even if not registered, in line with the Paris Convention and TRIPS.
7. Infringement and Enforcement
Trademark infringement includes unauthorized use of identical or confusingly similar marks on identical or related goods/services.
Remedies include:
Injunctions to stop infringement
Damages and profits recovery
Destruction of infringing goods
Criminal penalties in severe cases
Enforcement through civil courts and administrative procedures.
8. International Protection
Albania is a member of the Madrid Protocol, allowing trademark owners to file for international protection through the Madrid System.
Albania recognizes EU trademark law influence and may align with EU standards.
Summary
Albania’s trademark law protects distinctive marks for goods/services.
Registration lasts 10 years, renewable indefinitely.
Protection extends to well-known marks.
Enforcement includes civil and criminal remedies.
The General Directorate of Industrial Property manages trademark registration.
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