June 26, 2018

Updated trademark regulations and IP fees in Albania

The Albanian General Directorate of Industrial Property (GDIP) has recently published Decision No. 315 on the Approval of Regulations for Registration of Trademarks and Service Marks, which came into effect on June 6, 2018. The new regulations are in compliance with Law No. 9947 of July 7, 2008 "On Industrial Property", which underwent major changes back in 2013, 2014 and 2017.

The amended regulations define the concepts and types of trademarks and service marks for which protection may be sought (e.g. position, three-dimensional, certification, well-known trademarks). They also contain detailed information on opposition, invalidation and appeal procedures, including the requirements for trademark transfer, license, restoration, as well as other issues connected with the trademark examination and registration process.

Furthermore, under the new regulations, the applicants have a possibility of refunding 80% of the filing fee provided that the withdrawal request has been filed before starting the formal examination. It is also possible to have 80% of the paid renewal fee refunded by submitting a corresponding request.

In accordance with the amended law and regulations, the official fees relating to both trademarks and patents have also been modified by the corresponding Decision No. 316, which came into force on June 6, 2018.

Due to the substantial changes to the law, the official trademark fees have been almost completely amended. The main fees relating to trademark prosecution have been modified with a growing tendency, whilst the fees for renewal and terms extension remain unchanged. As a consequence, filing fees have increased by 40% and registration fees by around 23%.

With regards to invention patents, the fee changes are primarily concerned with annuities, which, starting from the 4th year, have increased on average by between 14-50%. The new laws have also stipulated that annuity fees for patents and utility models must now be paid at the anniversary of the filing date starting from the second year, where previously they were required from the first one.

Ultimately, with the introduction of amendments to the industrial property law, trademark regulations and fee schedule, Albania aims to harmonise its national legislation with European laws and to meet stabilisation requirements.


Author: Jessica Chester