What is a trademark?
A trademark can be any sign, especially words, including personal names or designs, letters, numbers, colours, shape of goods or their packaging or sounds, provided these signs are capable of:
a) to distinguish the goods or services of a natural or legal person from those of one the other natural or legal person;
b) be represented in the register in such a way as to enable the competent authorities and the public to clearly and accurately determine the object of protection known to its owner.
Why register a trademark?
1. Identification of the origin of a product:
A trademark is part of intellectual property that serves to identify the commercial origin of goods or services in the consumer circle. It tells customers about the business that sells the product or provides the service, so that they may return to it in the future. So, it differentiates itself from the competitors.
2. Added value for the business:
Through the registered trademark, more consumers are attracted, since the credibility of the product or service being offered is increased.
3. The right of exclusivity
The right of exclusivity comes only with the registration of the trademark. The trademark owner has the right to prohibit any third party from using the same or similar signs as the registered trademark for the same goods and services. In the event that something like this happens, the owner of the trademark has the right to file a lawsuit in court for infringement of intellectual property rights.
How to register a trademark in Albania?
Every person has the right to apply for the registration of a trademark in Albania.
In case foreign entities wish to file a trademark in Albania they can do so only through an authorized local trademark agent registered with the Albanian Trademark Office.
The application must include all the elements constituting a trademark and the selection of goods and/or services for which this protection is applied according to the Nice Classification.
The Procedure at the General Directorate of Intellectual Property lasts approximately 6 up to 9 months.
A Trademark registration lasts for 10 years and it is renewable infinitely in 10-year periods.
An applicant may enjoy the right of priority on trademark registration in Albania. If he/she has filed an application for trademark registration for the same goods or service with a state party to Paris Convention or a WTO member state within six months before filing such application for trademark registration in Albania.
Before the Application, should be considered the trademark distinctiveness, if the trademark clearly sets the applicant’s goods and services apart from those of other traders and if the trademark is the same or similar to other people’s trademarks.
In case you are looking for more information, or assistance in registering a trademark, contact us:
e-mail: info@jbc.al
cell: 00355696032690
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