Trademarks
- Filing the Application – Requirements
- Registration Procedure
- Duration
- Recording changes in the Register
Patents
- Filing a Conventional Application – Requirements
- Filing a National Phase of PCT Application – Requirements
- Time limits for filing a National phase of PCT Application
- Registration Procedure
- Extension of the European Patent – requirements
- Duration
- Recording changes in the Register
Industrial Designs
- Filing the Application – Requirements
- Registration Procedure
- Duration
- Recording changes in the Register
Conventions
- TRIPs
- Paris Convention
- Madrid Agreement
- Madrid Protocol
- Nice Agreement
- Vienna Agreement
- PCT Convention
- Patent Law Treaty
- European Patent Convention (EPC)
- London Agreement on the application of article 65 of the Convention on the Grant of European Patents
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the purposes of Patent Procedure
- Strasbourg Agreement concerning the International Patent Classification
- Hague Agreement concerning the International Registration of Industrial Designs
- Locarno Agreement
Law on Industrial Property valid as of April 27, 1994 (as amended) Implementing regulations
- Decision of Council of Ministers no. 315, date 31 May 2008 “On the approval of the regulation on trademarks”
- Decision of Council of Ministers no. 270, date 16 May 2018 “On the approval of the regulation on industrial designs”
- Decision of Council of Ministers no. 1707, date 29 December 2008 “On the approval of the regulation on the grant of patents for inventions and utility models” (as amended)
- Decision of Council of Ministers no. 883, date 13 May 2009 “On the approval of fees on Industrial Property Objects” (as amended)
Trademarks
Filing the Application – Requirements
- Name and Address of the Applicant;
- Representation of the Mark;
- List of Goods and Services according to the latest edition (12th) of the Nice Classification in force (Classes 1-45);
- Description of the trademark when it is different from a verbal trademark;
- Priority date, country and number, if there any. The priority document can be submitted subsequently within three months from the filing date of the trademark application;
- Power of Attorney signed and sealed/stamped by the applicant. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary. Power of Attorney can be submitted subsequently within three months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee;
- Official payment receipt;
- Regulations of use of the trademark in case of collective and certification trademarks. Regulations of use can be submitted subsequently within three months from the filing date of the trademark application.
Registration Procedure
- The Application is filed with and examined by the Albanian General Directorate of Industrial Property (Office), which initially issues the trademark filing certificate where the basic requirements (identity of the applicant, trademark representation, list of goods and services, and payment receipt) are met;
- The Office examines the formalities of the application. If all the formalities are met, the Office examines Absolute Grounds only;
- If the trademark is found registrable based on absolute grounds, the Office proceeds with its publication in the IP Bulletin. IP Bulletins are published on the official webpage of the Office;
- The publication period is 3-months, and it starts from the publication date. Third parties claiming priority rights over the sign can file an opposition to the Chamber of Oppositions of the Office. The decisions of the Chamber of Opposition can be filed to the Board of Appeals within 1 month from the receiving date of the decision and the decision of the Board of Appeals can be eventually appealed to the Administrative Court of First Instance of Tirana;
- In no opposition is filed within the 3-months publication period, the Office issues an invitation for the payment of the official registration fee within 1 month following the receiving date of the invitation;
- Upon payment of the official fee, the Office grants the registration certificate in electronic format only;
- The registration procedure takes approximately 6-9 months as from the application date. The Decisions on grant are published in the IP Bulletin of the Office. The Decisions on refusal can be appealed to the Chamber of Invalidation/Revocation within 1 month from the receipt of the refusal notification and eventually to the Board of Appeals within 1 month from the receipt of the refusal decision of the Chamber of Invalidation/Revocation.
Duration
- Upon payment of the registration fee, the trademark is valid for 10 years as from the filing date;
- The registration can be renewed endlessly for further periods of 10 years;
- The registration of a trademark may be renewed for all or a part of the goods & services at the request of the proprietor, subject to payment of the renewal fee;
- The renewal fee cannot be paid earlier than six months before the renewal date of the trademark. If the renewal fee is not paid within the renewal date, it can be paid within a grace period of six months after the renewal date, upon payment of an additional fee of 50% (i.e., Albanian Lek 4000) of the basic renewal fee;
- Power of Attorney signed and sealed/stamped by the applicant. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary. Power of Attorney can be submitted subsequently within two months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.
*If the trademark renewal application is filed by the registered representative of the trademark, a scan copy of the Power of Attorney is sufficient.
Recording changes in the Register
Assignment of rights Requirements
- The Power of Attorney signed and sealed/stamped by the Assignor or the Assignee. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary;
- Official payment receipt;
- Supporting document for the recordal of change of ownership
- Assignment document – signed by the Assignor and the Assignee and duly notarized by Notary Public attesting the signature of the signatories and their capacity to sign the document on behalf of the parties. Or
- In case of mergers, the commercial extract of the company issued by the competent authority for trade companies that expressly evidences the recordal of change from the previous to the new trademark owner. Or
- In case of change of legal form of the company, the commercial extract of the company issued by the competent authority for trade companies that expressly evidences this recordal of change.
The supporting documents to the application can be submitted subsequently within two months from the notification by the Office that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.
Change of Name Requirements
- Power of Attorney indicating the new name, which should be signed and sealed/stamped. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary;
- Official payment receipt;
- The document that expressly evidences the change of name from the previous name to the new name or the commercial extract of the company issued by the competent authority for trade companies that expressly evidences the recordal of change the previous to the new trademark owner’s name;
- The supporting documents to the application can be submitted subsequently within two months from the notification by the Office that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.
Change of Address Requirements
- Power of Attorney indicating the new address, which should be signed and sealed/stamped. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary;
- Official payment receipt;
- The supporting documents to the application can be submitted subsequently within two months from the notification by the Office that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.
Registration of the Licensing Agreement Requirements
- The Power of Attorney signed and sealed/stamped by the Licensor and/or Licensee. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary;
- Official payment receipt;
- The license Agreement – should be in a written form, signed by the two parties and duly notarized before a public notary attesting the signature of the signatories and their capacity to sign the document on behalf of the parties. The license agreement shall necessarily include: the duration, the manner that the licensee should use the trademark, the territory, the list of goods and services, the quality of goods and services, the obligations imposed to the licensee by the licensor and the form of the license: exclusive or non-exclusive.
The supporting documents to the application can be submitted subsequently within two months from the notification by the Office that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.
Patents
Filing a Conventional Application – Requirements
- Name and address of the Applicant;
- Names and addresses of the Inventors;
- Description of Patent;
- Patent Claims;
- Drawings that are referred in the description of claims (if any);
- Abstract – summary of the invention;
- Claiming priority, if there any. The Priority Declaration Data:
- Priority date
- Priority number
- Priority country
- The Office wherein is submitted the earlier Patent Request Application if the request in question is submitted to a National or International Office;
- Priority document (a certified copy of the earlier application) – can be submitted subsequently, within three months from the date of the submitted request;
- Power of Attorney signed and sealed/stamped by the Applicant. If the Applicant has no seal, the Power of Attorney should be notarized before a public notary.
Power of Attorney can be submitted subsequently within three months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents. This deadline can be further extended up to 1 additional months for reasonable grounds and upon payment of an additional fee for further examination;
- The declaration of the Inventor/s proving rights assignment from him/them in favour of the Applicant. This declaration shall be formatted as a notarial act;
- Official payment receipt.
Filing a National Phase of PCT Application – Requirements
- Name and address of the Applicant;
- Names and addresses of the Inventors;
- Translation into Albanian of the international application, including the description of patent, patent claims, drawings that are referred in the description of claims (if any), abstract – summary of the invention;
- Priority date, country and number;
- International Search report;
- International Preliminary Examination Report;
- PCT Request;
- Power of Attorney signed and sealed/stamped by the Applicant. If the Applicant has no seal, the Power of Attorney should be notarized before a public notary.
Power of Attorney can be submitted subsequently within three months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents;
- Official payment receipt.
The filing time limits for a National phase of PCT Application
- With respect to an international application for which the Republic of Albania is designated or elected and for which the applicant wishes to obtain protection, the applicant shall submit the application within thirty-one months from the application filing date or, if priority has been claimed, from the priority date at the Albanian General Directorate of Industrial Property.
Registration Procedure
- The Office is publishing the Patent Application after the expiration of a period of 18 months as from the Application date or, if priority has been claimed, from the priority date. If the applicant requests in writing the premature publication of the application before the expiry of the regular 18-months period and pays the corresponding official fee, the Office published the Patent Application in its next IP Bulletin;
- Upon expiry of the 18-months publication period, the Office invites the applicant to pay the registration/grant fee within 3 months from the receiving date of the official invitation. Once the registration/grant fee is paid, the Office issues the registration/grant certificate of the patent within 3 months following the payment date of the registration/grant fee and published the grant patent in the IP Bulletin;
- No substantial examination is carried out by the Office. The patent which is granted by the Office shall have legal effects only if the patent owner files written evidence on the patentability of the invention within 10 years from the filing date. The written may result from the substantive examination conducted for the same patent by the EPO or another national office with the status of the International Preliminary Examination Authority pursuant to article 32 of the PCT or from a national office that has a cooperation agreement with the Albanian General Directorate of Industrial Property. In case of failure to submit written evidence on patentability, the patent shall not be effective upon the expiry of the 10-years period;
- The interested parties can file an objection to the Decision on grant with the Board of Appeal of the Albanian General Directorate of Industrial Property within 9 (nine) months as from the date of publication of the patent issuance;
- Response to the objections can be filed by the Applicant within 3 (three) months from the receiving date of opposition notification and arguments;
- The decision of the Board of Appeal may be appealed to the court by the parties within 45 days from the date of receiving the decision of the Board of Appeals.
Validation of the European Patent – requirements
- The validation of the European Patent can be filed with Albanian General Directorate of Industrial Property within 3 (three) months as from the publication date of the grant of the European Patent. This deadline can be extended up to 1 additional month upon the payment of the additional fee for further examination;
- An Albanian translation of patent Claims must be submitted to the Albanian General Directorate of Industrial Property along with the request for the validation of the European Patent, the official payment receipt, and the drawings that are referred in the claims (if any);
- Power of Attorney signed and sealed/stamped by the Applicant. If the Applicant has no seal, the Power of Attorney should be notarized before a public notary.
Power of Attorney can be submitted subsequently within two (2) months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents. This deadline can be further extended up to 3 (three) additional months for reasonable grounds and upon payment of an additional fee for further examination.
Duration
- 20 years as from the application date for conventional Patents;
- 20 years as from the International filing date for the National Phase of PCT patent;
- 20 years as from the date of filing the European Patent Application for the EP;
- The Utility Models is valid for 10 years from the application date;
- Protection fees are to be paid annually, before the end of the year covered by the protection fees or six months after expiration of the protection period along with a 50% fine, or at the latest within two other additional months after the expiration of the six-months period along with a 100% fine. Thus, in total, the grace period comprises of 8 months;
- The duration of patent for inventions in the field of pharmaceutical products (also called “Certificates of Additional Protection”) may be extended for an additional time period of up to five years following the expiration date of the patent.
Recording changes in the Register
Assignment of rights Requirements
- The Power of Attorney signed and sealed/stamped by the Assignor or the Assignee. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary;
- Official payment receipt;
- Assignment document – signed by the Assignor and the Assignee and duly notarized by Notary Public attesting the signature of the signatories and their capacity to sign the document on behalf of the parties.
This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.
The supporting documents to the application can be submitted subsequently within three (3) months from the notification by the Office that there are missing documents.
Change of Name Requirements
- Power of Attorney indicating the new name, which should be signed and sealed/stamped. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
- Official payment receipt.
- The document that expressly evidences the recordal of change of name from the previous to the new owner’s name.
The supporting documents to the application can be submitted subsequently within three months from the notification by the Office that there are missing documents.
Change of address Requirements
- Power of Attorney indicating the new address, which should be signed and sealed/stamped. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
- Official payment receipt
The supporting documents to the application can be submitted subsequently within three months from the notification by the Office that there are missing documents.
Registration of the Licensing Agreement Requirements
- The Power of Attorney signed and sealed/stamped by the Patent Owner. If the patent owner has no seal/stamp, the Power of Attorney should be notarized before a public notary.
- Official payment receipt.
- The license Agreement – should be in a written form, signed by both the parties and duly notarized before a public notary attesting the signature of the signatories and their capacity to sign the document on behalf of the parties.
The supporting documents to the application can be submitted subsequently within three (3) months from the notification by the Office that there are missing documents.
Industrial Design
Filing the Application – Requirements
- Name and address of the Applicant
- Reproduction of the design in the form of photographs or other graphic representations of the industrial designs (The design should include not more than 7 different views of the design, with one of them being the general representation of the design. Each graphic representation should represent a single view of the design, while the views should be numbered in order);
- Indication of the product in which the industrial design is included or in which it will be applied
- Title of the industrial design;
- A description of the industrial design;
- Classification of products in which the industrial design is included or in which it will be applied under the Locarno Agreement: class/subclass
- The total number of designs, if the design is a multiple design
- Priority date, country and number, if there any. The priority document can be submitted subsequently within three months from the filing date of the design application
- Identity of the creator(s) of the industrial design.
- A declaration of the creator/s that the industrial design has been assigned to the Applicant. This declaration has to be notarized.
- Power of Attorney signed and sealed/stamped by the applicant. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
Power of Attorney can be submitted subsequently within three months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.
Registration Procedure
- If all the requirements are met, the Office will initially issue the industrial design filing certificate and will then publish the design in the IP Bulletin for opposition purposes. The Office does not examine the novelty and individual character of the design, except when the design is opposed by third parties during the 3-months publication period.
- In no opposition is filed within the 3-months publication period, the Office issues an invitation for the payment of the official registration fee within 1 month following the receiving date of the invitation.
- Upon payment of the official fee, the Office grants the registration certificate in electronic format only.
The registration procedure takes approximately 6-9 months as from the application date. The Decisions on grant are published in the IP Bulletin of the Office. The Decisions on refusal can be appealed to the Chamber of Invalidation/Revocation within 1 month from the receipt of the refusal notification and eventually to the Board of Appeals within 1 month from the receipt of the refusal decision of the Chamber of Invalidation/Revocation
Duration
- The registration of a design is valid for five years, beginning from the date it is filed. A registration may be renewed against a set payment for an additional period of five years, up to a total time period of 25 years from the date the design is filed.
- The renewal fee cannot be paid earlier than six months before the renewal date of the design. If the renewal fee is not paid within the renewal date, it can be paid within a grace period of six months after the renewal date, upon payment of an additional fee of Albanian Lek 3000.
- Power of Attorney signed and sealed/stamped by the applicant. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary. Power of Attorney can be submitted subsequently within two months from the notification date of the Albanian General Directorate of Industrial Property that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.
*If the design renewal application is filed by the registered representative of the design, a scan copy of the Power of Attorney is sufficient.
Recording changes in the Register
Assignment of rights Requirements
- The Power of Attorney signed and sealed/stamped by the Assignor or the Assignee. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
- Official payment receipt.
- Supporting document for the recordal of change of ownership
- Assignment document – signed by the Assignor and the Assignee and duly notarized by Notary Public attesting the signature of the signatories and their capacity to sign the document on behalf of the parties. Or
- In case of mergers, the commercial extract of the company issued by the competent authority for trade companies that expressly evidences the recordal of change from the previous to the new owner. Or
- In case of change of legal form of the company, the commercial extract of the company issued by the competent authority for trade companies that expressly evidences this recordal of change.
The supporting documents to the application can be submitted subsequently within two months from the notification by the Office that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.
Change of Name Requirements
- Power of Attorney indicating the new name, which should be signed and sealed/stamped. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
- Official payment receipt.
- The document that expressly evidences the change of name from the previous name to the new name or the commercial extract of the company issued by the competent authority for trade companies that expressly evidences the recordal of change of name from the previous to the new onwer’s name.
The supporting documents to the application can be submitted subsequently within two months from the notification by the Office that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.
Change of Address Requirements
- Power of Attorney indicating the new address, which should be signed and sealed/stamped. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
- Official payment receipt.
The supporting documents to the application can be submitted subsequently within two months from the notification by the Office that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.
Registration of the Licensing Agreement Requirements
- The Power of Attorney signed and sealed/stamped by the Licensor and/or Licensee. If the applicant has no seal/stamp, the Power of Attorney should be notarized before a public notary.
- Official payment receipt
- The license Agreement – should be in a written form, signed by the two parties and duly notarized before a public notary attesting the signature of the signatories and their capacity to sign the document on behalf of the parties. The license agreement shall necessarily include: the duration, the manner that the licensee should use the design, the territory, the list of goods and services, the quality of goods and services, the obligations imposed to the licensee by the licensor and the form of the license: exclusive or non-exclusive.
The supporting documents to the application can be submitted subsequently within two months from the notification by the Office that there are missing documents. This deadline can be further extended up to two other additional months upon the payment of the corresponding official fee.
This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.
