WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/ALB/T/1 
30 July 2010 
 (10-4100) 
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original:   English/ 
 anglais/  inglés 
 
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
ALBANIA 
   The present text
1 reproduces the Council of Ministers Decision No. 1706 of 
29 December 2008 on the approval of Regulation for Registration of Trademarks and Service Marks, 
as notified by the Delegation of Albania on 16 J une 2010 under Article 63.2 of the Agreement (see 
document IP/N/1/ALB/4). __________________________________________________________________________________ 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
 
ALBANIE 
   Le présent document contient le texte
1 de la Décision du Conseil des ministres n° 1706 du 
29 décembre 2008 portant approbation du règlement relatif à l'enregistrement des marques de 
commerce et de fabrique et des marques de servi ces, notifiée par la délégation de l'Albanie le 
16 juin 2010 au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/ALB/4). 
__________________________________________________________________________________ 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
  
NOTIFICACIÓN DE LEYES Y REGLAMENTOS DE CONFORMIDAD 
CON EL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
ALBANIA 
 
 
 En el presente documento se reproduce el texto
1 de la Decisión Nº 1706 del Consejo de 
Ministros, de 29 de diciembre de 2008, sobre la aprobación del Reglamento relativo al registro de 
marcas de fábrica o de comercio y marcas de servic ios, notificada por la delegación de Albania el 
16 de junio de 2010 en virtud del párrafo 2 de l artículo 63 del Acuerdo (véase el documento 
IP/N/1/ALB/4). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/ALB/T/1 
Page 2  
 
   
DECISION 
 
No 1706 of 29 December 2008 
 
ON THE APPROVAL OF REGULATION FOR REGISTRATION  
OF TRADEMARKS AND SERVICE MARKS 
 
 
Pursuant to Article 100 of the Constitution and Articles145-155,161-164, 16 6,175 and 202 of Law 
No 9947 of 7 July 2008, "On Industrial Property," upon the proposal of the Minister of Economy, 
Trade and Energy, the Council of Ministers   
DECIDED: 
 
 1. To approve the regulation “On the Registration of  Trademarks and Service Marks,” as per the text 
attached with this decision.  2. To designate the Directorate General of Pate nts and Trademark for the implementation of this 
decision. 
 3. Order No 3 of 4 December 1994 of the Committ ee of Science and Technology, “Rules for marks,” 
is repealed.  
This decision shall enter into force followi ng its publication in the Official Journal. 
  
  PRIME MINISTER 
  Sali Berisha 
  
 
REGULATION 
ON REGISTRATION OF TRADEMARKS AND SERVICE MARKS 
 
CHAPTER I 
GENERAL PROVISIONS 
 
1. Purpose  1.1 The purpose of this regulation is the definition of procedures with respect to: 
 
a) the filing of applications for the registra tion of trademarks and service marks with the 
Directorate General of Patents and Trademarks (DGPT) and their examination by DGPT;  b) filing of applications for the renewal and ot her changes to the register of marks and their 
examination by DGPT; 
 c) filing and examination of oppositions and a ppeals related to marks with DGPT Board of 
Appeals;   IP/N/1/ALB/T/1 
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  ç) publication of data with regard to marks in the Industrial Property Gazette by DGPT; 
 d) filing of the applications for the international registration of marks and their examination by DGPT. 
 
2. Definitions 
 2.1 For the purpose of this regulation, the following terms shall mean:  
a) "Trademark or service mark" (hereinafter referred to as the “mark”) means any sign or 
combination of signs graphically presented, wh ich serves to distinguish the good or services 
of a legal of natural person from those of anot her legal or natural pe rson and which meets the 
requirements of Law No 9947 of 7 July 2008, “On Industrial Property” (hereinafter referred 
to as the “Law”).  
b) “Nice Classification” means the internati onal classification of goods and services for the 
purpose of mark registration, approved by the Nice Agreement of 15 July 1957 and all 
additional amendments.  c) “Madrid Agreement” means the agreement on the international mark registration of 14 
April 1891, including additional amendments; 
 
ç) “Madrid Protocol” means the protocol rela ted to the Madrid Agreement, adopted on 27 
June 1989, including additional amendments;  d) “International registration of the mark” shall be the registration of a mark based on Madrid 
Agreement or the Protocol of this Agreement fo r the registration of marks, of 14 April 1891, 
including additional amendments.  dh) “International Office” means the Internati onal Office of the World Intellectual Property 
Organization. 
 
3. General principles 
 3.1 Any legal or natural person w ho produces or trades any kind of goods or who provides services 
shall be entitled to apply for the registration of a mark to DGPT.  
3.2 DGPT shall examine the filed application and i ssue notifications and other acts, in conformity 
with the provisions of the Law and of this regulation.  3.3 DGPT actions with respect to such applications  shall be based solely on documents in writing. 
Applications and any other type of documentati on filed with DGPT shall be in print and in the 
Albanian language. 
 
3.4 DGPT shall establish and manage the electroni c database, which will store all the conducted 
actions with respect to marks.  4. Types of applications 
 
4.1 Types of applications that may be filed with DGPT with respect to marks are as follows: 
 
a) Application for mark registration through the FM 1 form (Annex 1 of the regulation)  IP/N/1/ALB/T/1 
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  b) Application for mark renewal through th e FM 2 form (Annex 1 of the regulation) 
 c) Application for transfer of the mark ow nership through the FM3 form (Annex 1 of the 
regulation)  
ç) Application for the registration of the license  contract of the mark through the FM4 form 
(Annex 1 of the regulation);  d) Application for the change of name of the mark owner, through the FM5 form (Annex 1 of 
the regulation); 
 
dh) Application for the change of address of the mark owner, through the FM6 (Annex 1 of 
the regulation);  e) Application for the limitation of the list of  goods of the registered mark, through the FM7 
form (Annex 1 of the regulation); 
 ë) Application for the surrender of the register ed mark through the FM8 form (Annex 1 of the 
regulation);  f) Application for the opposition to the registration of the published mark through the FM9 
form (Annex 1 of the regulation); 
 g) Application for the appeal of DGPT decision on the refusal of the application through the 
FM10 form (Annex 1 of the regulation). 
 
 
CHAPTER II 
FILING OF APPLICATION FOR MARK REGISTRATION 
 
1. Filing of the application  
1.1 The application for the mark registration shall be filed through FM1 form, which shall be signed 
by the applicant or his representative and is subm itted to DGPT Protocol Office. The FM1 form may 
also be sent to DGPT by mail or via fax by the appl icant or his representative. In the case of filing via 
fax, the applicant shall submit to DGPT within one month from the date of fax submission the original 
of the document, otherwise the application shall be considered unfiled. 
 
1.2 The application file shall contain the list of th e filed documents (file inde x), which shall be signed 
by the applicant or his representative.  1.3 Application shall be filed for the registration of  a mark for one or several categories of goods and 
services that are ranked according to Nice International Classification. 
 
1.4 On the day of receipt of FTG1 form for the registration of a geographic indicator, the DGPT Protocol Office shall note down on the form the filing date and hour of the application and the number 
of such application.  
2.1 According to Article 145 (4) of the Law, the app lication for the registration of mark shall contain 
upon submission to DGPT the following elements:  
a) the name and address of the submitter of the application;   IP/N/1/ALB/T/1 
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  b) the representation of the mark as to which registration is sought; 
 c) a list of the goods and/or services as to which registration is sought, grouped on the basis of 
the international classification for goods and services;  
ç) a declaration claiming priority, if there is such a claim; 
 d) a document showing payment of the filing fee. 
 2.2 The image (reproduction) of the mark shall be in eight copies and shall be with the size 
determined by FM1 form. If the DGPT expert who exam ines the file (the examiner) considers that the 
mark reproduction is inappropriate , he shall require from the app licant to make the appropriate 
changes.  2.3 The list of goods and/or services shall be in compliance with the latest edition of Nice 
Classification. 
 2.4 The priority declaration may not be filed late r than the filing date of the application for the 
registration of the mark and it shall contain: filing date of the earlier application, number of the earlier 
application and the office such earlier application w as filed with. The priority claim shall be submitted 
through the FM1 form. 
 
3. Additional documents and da ta contained in the application for mark registration 
 3.1 According to Article 145(5) of the Law, the a pplication for the registration of a mark shall also 
contain: 
 
a) name and address of the representative of the applicant;  b) signature of the applicant or of his representative;  c) for Albanian legal or natura l persons, the document issued by the National Registration that 
certifies the exercise of commercial activity; 
 ç) power of attorney, where the application is filed by the applicant representative. The power 
of attorney shall have the applicant’s signature  and, if the applicant is a legal person, his 
stamp; 
 
d) in the case of a collective mark, the doc ument on the rules of use of such mark; 
 dh) any relevant document or declaration requ ested by the examiner in the course of the 
examination of the application.  
e) other elements that shall be included in th e application for the registration of a mark are 
those contained in the FM1 form. 
 4. Filing of the priority document  
4.1 If a claim of priority is filed, the applicant sha ll, within three months from the filing of the request, 
submit to DGPT the priority document, in accordan ce with Article 147 of the Law or the certificate 
issued by the respective authority of the fair where the goods and/or  services have been exhibited, in 
accordance with Article 148 of the Law. The document of priority shall be submitted translated in the 
Albanian language and shall be notarized. IP/N/1/ALB/T/1 
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4.2 The applicant may claim priority over one or  some goods and/or services or over all the category 
of goods and/or services, also by requiring different priority dates for each of them and by submitting 
the respective priority documents.  
4.3 If the applicant fails to submit to DGPT the docum ent of priority, provided by Article 147 of the 
Law or the certificate issued by the respective fair  authorities, provided by Article 148, within three 
months from the filing date of the application, the cl aim for priority shall not be considered by DGPT. 
 4.4 The right to priority obtained on the basis of the provisions of the Law and of this regulation shall 
consider the date of priority as the filing date of the application for the registration of a mark with 
DGPT, solely for the purpose of establishing the application that enjoys a priority right. 
.  
CHAPTER III 
OFFICIAL EXAMINATION OF THE APPLICATION  
FOR MARK REGISTRATION 
 
1. Order and terms of examination of the application  1.1 The filed application shall be examined in th e order of submission to DGPT, in accordance with 
the requirements of Article 150 (1, 2, 3) of the Law. 
 1.2 The application shall be examined within three m onths from the date of its filing. In the course of 
this period, the examiner shall examine as to whet her the application is in accordance with Article 145 
of the Law and Chapter II of this regulation. 
 
2. Examination of the application and recognition of the filing date  2.1 If the examination concludes that the applicati on meets all the requirements of Article 145 of the 
Law and Chapter II of this regulation, DGPT shall file  the application for the registration of the mark 
and shall issue the filing certificate, by recognizing this as the filing date, the DGPT, in accordance 
with point 1.4 of Chapter II of this regulation. 
 2.2 If the application fails to meet all the re quirements provided by Article 145 of the Law and 
Chapter II of this regulation, DGPT shall notify the applicant to make the completions within three 
months from the notification date. The term for submitting completions may be extended with up to 
one additional month, if the applicant submits a request in writing based on reasonable grounds 
against payment of the designated fee. In any case, the request for term extension shall be submitted 
to DGPT prior to expiration of the three-month term  established for the completion of the application. 
 2.3 Where the applicant makes the required completi ons within the defined term, DGPT shall file the 
application and shall issue the filing certificate with in three months from the date where the applicant 
has completed the request, recognizing the filing date of application: 
 
a) filing date of the application with DGPT in  accordance with the provisions of point 1.4 of 
Chapter II of this regulation, if the shortcomi ngs of the application consist in one of the 
components provided by Article 145 of the Law and point 2 of Chapter II of this regulation.  
 
b) date of completion of the application if the shortcomings of the application consist in one 
of the components provided by Article 145 of the Law and point 2 of Chapter II of this 
regulation. In the case where the shortcomings  of the application with respect to the 
components provided by Article 145 of the Law an d point 2 of Chapter II of this regulation  IP/N/1/ALB/T/1 
 Page 7 
 
 
  consist in errors that do not prejudice the essence of such components, the reception date of 
the application from DGPT shall be also the filing date of the application. 
 2.4 If the applicant fails to make the completions with in the term provided by point 2.2 of this chapter, 
DGPT refuses to file the application for the registra tion of a mark and shall issue the notification for 
the refusal of filing. 
 3. Filing certificate  3.1 The filing certificate shall contain the following data: 
 
a) Mark description;  b) Name and address of the applicant;  
c) Filing date and number of the application; 
 ç) List of goods and/or services;  d) Protected colours (if any);  
dh) Elements which are exempted from protection (if any); 
 e) Priority data (if any). 
  
CHAPTER IV 
EXAMINATION OF APPLICATION ON ABSOLUTE GROUNDS 
AND MARK REGISTRATION 
 
1. Examination on absolute grounds for refusal  
1.1 Following recognition of the filing date, with in three months from the issuance of the filing 
certificate, the examiner shall examine the applica tion as to whether it is in conformity with the 
requirements of Article 140, paragraph 2 and 3 and of Article 142 of the Law. 
 1.2 Signs referred to in Article 142,  paragraph 1(b), (c), (f) and (g) of the Law may be considered as 
unprotected elements of the mark. If this is the case, the applicant shall declare in writing that they are 
exempted from protection.  1.3 In the course of examination, DGPT may requi re additional materials and documents from the 
applicant by sending him a notification in writing. The applicant shall submit the required documents 
to DGPT within two months from the notification date , otherwise the application shall be refused with 
a final decision and the applicant shall be notified on  such refusal by a notification in writing, which 
contains the grounds for refusal.  1.4 Where the examination shows that the applicatio n fails to meet the requirements of Article 140, 
paragraph 2 and 3, and the require ments of Article 142 of the Law, DGPT shall refuse that application 
and shall notify the applicant by a notification in  writing which contains the grounds for refusal. 
 IP/N/1/ALB/T/1 
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  2. Registration of the mark 
 2.1 In the case where no opposition is filed against the re gistration of the mark by third parties within 
three months from the publication date, DGPT shall i ssue the notification for the payment of the mark 
registration fee and shall ask the applicant to make the payment and submit to DGPT a copy the 
document that certifies such payment within one mont h from the date of receipt of the notification. 
 2.2 If the applicant fails to pay the registration f ee within the established term, DGPT shall refuse the 
application for the registration of the mark and shall notify the applican t accordingly in writing. 
 
2.3 In the case where the applicant pays the regist ration fee within the established term, DGPT shall 
register the mark in the register of marks and sh all issue the registration certificate within three 
months from the date of payment of the fee.  2.4 DGPT shall publish the registered mark in the Industrial Property Journal. 
 
3. Data contained in the mark registration certificate  3.1 A mark registration certificate shall contain:  
a) name and address of the owner of the registered mark; 
 
b) number of the application and registration number of the mark;  c) filing date, protection expiration date, registra tion date and the date of priority (if any); 
 
ç) list of goods and/or services for which the mark has been registered; 
 d) image (reproduction) of the mark;  dh) protected colours (if any);  
e) elements which are exempted from protection (if any); 
 ë) publication date of the mark. 
 4. Changes made to the application or its withdrawal prior to the mark registration 
 
4.1 Where the application for the registration of a mark is under examination and a change of name 
and/or address of the applicant has occurred or the applicant has transferred the application rights to 
another party, DGPT shall, upon submission of the respective forms, of the documents proving the 
above changes and payment of the designated fee, regi ster the mark in the register of marks with the 
new data, without changing the f iling date of the application. 
 
4.2. The applicant may request in writing the correcti on of any errors or inaccuracies contained in the 
mark registration application, in the case where they affect the name or address of the applicant or of 
his representative, or of any other inaccuracies wh ich do not affect the essence of the application 
elements, insofar as the application is not register ed in the register of marks. In no case shall the 
correction of inaccuracies in the list of goods and/or  services imply the addition of new categories of 
goods and/or services or in the addition of specific goods and/or services within each category, but they shall only consist in specifyin g or restricting the existing ones. 
  IP/N/1/ALB/T/1 
 Page 9 
 
 
  4.3 Where the mark is not registered in the regi ster of marks, the applicant may withdraw the 
application for the registration of the mark by submitting a request in writing to DGPT. Upon 
submission of such a request, the appli cation shall be considered withdrawn. 
 4.4 The registration date of the mark shall be the date of issuance of the mark registration certificate 
by DGPT. 
  
CHAPTER V 
PUBLICATIONS IN THE INDUSTRIAL PROPERTY JOURNAL 
 
1. Types of publications  1.1 In accordance with Article 192, paragraph 3 of  the Law, DGPT shall publish in the Industrial 
Property Gazette the data on the applications for re gistration of a mark, changes to the name, address 
of the mark owner, changes to the list of  goods, surrender, repeal and revocation. 
 2. Publication of applications and registration of marks  2.1 Data published in the Gazette with respect to th e applications and registration of a mark shall be: 
 
a) number of application; 
 b) filing date;  c) data on priority, if any; 
 
ç) name and address of the applicant;  d) image (reproduction) of the mark;  dh) elements exempted from the protection (if any); 
 
e) protected colours (if any);  ë) list of goods and/or services. 
 
2.2 Data published in the Gazette with respect to registered marks shall be: 
 
a) number of application and re gistration number of the mark; 
 b) name and address of the mark owner;  
c) filing date and expiration date  of the protection of a mark; 
 ç) data on the priority (if any);  d) category of goods and/or services for which the mark has been registered. 
 
 IP/N/1/ALB/T/1 
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  CHAPTER VI 
OPPOSITION OF MARK REGISTRATION 
 
1. Filing of the opposition  
1.1 Individuals referred to in Article 152 of th e Law may file an opposition against a published mark 
with DGPT within three months from the publica tion date, by submitting the following documents: 
 
a) FM9 form of the opposition to the registration of a mark;   
b) the document showing the payment of the opposition fee. 
 1.2 The opponent shall also submit the following documents:  
a) power of attorney, in the case wher e the opposition is filed by the opponent’s 
representative; 
 b) documents proving that the opponent enjoys th e rights provided for by Article of the law. 
 2. Examination of the opposition by the Board of Appeals  
2.1 DGPT Board of Appeals shall exam ine the opposition and take a decision with respect to it within 
three months from the filing date.  2.2 In the case where the opposition fails to meet the requirements provided by point 1.1 of this 
chapter the Board of Appeals shall consider th e opposition as unfiled and shall notify the opponent 
accordingly in writing. 
 2.3 In the case where the opposition fails to meet the requirements of point 1.2 of this chapter, the 
Board of Appeals shall ask the opponent in writing to  complete such shortcomings within 30 days 
from the notification date, otherwise the opposition shall be considered as unfiled. 
 
2.4 Where the opposition meets all the requirements of point 1 of this chapter, the Board of Appeals 
shall admit the opposition for examination and sha ll send a notification in writing to the mark 
applicant against whom such opposition is filed, as king him to submit his claims in writing with 
respect to the opposition and any other document s upporting his claim within one month from the 
notification date. 
 
2.5 In the course of examination, the Board of Appeal s shall be entitled to ask the parties in writing to 
submit other additional materials and documents within one month from the notification date. 
 2.6 The Board of Appeals shall take a decision with respect to the opposition and shall notify the 
parties in writing with that regard. The decision of  the Board of Appeals may be appealed to court 
within 30 days from the notification receipt. 
 3. Processing of the application after the decision on the opposition  3.1 Where the Board of Appeals decides to downturn the opposition and the decision is not appealed 
to court, a copy of the Board decision shall be incl uded in the application file for the registration of 
the mark and the examiner shall continue with the procedure of registration of the mark in accordance 
with the requirements of the Law and of this regulation.   IP/N/1/ALB/T/1 
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  3.2 In the case where the Board of Appeals upholds the opposition and such d ecision is not appealed 
to court, a copy of the decision shall be included in the application file for the registration of the mark 
and the examiner shall send the notifica tion on the refusal of registration. 
 3.3 In that case where the decision of the Board of  Appeals with respect to the opposition against the 
registration of a mark is appealed to court, a copy  of the final court decision shall be included in the 
application file for the registration of a mark and DGPT shall either refuse or register the mark, in 
accordance with the court decision.   
CHAPTER VII 
CHANGE OF NAME AND/OR ADDRESS OF MARK OWNER 
 
1. Filing of the application  
1.1 The right holder owner of a mark may request to change his name and/or address in the register of 
marks, on basis of Article 161 of the Law. The appli cation for the change of name shall be filed with 
DGPT through the FM5 form and the application for the change of address shall be filed through the 
FM6 form.  1.2 Together with the application, the ap plicant shall file the following documents: 
 
a) the document showing the payment of the designated fee;  b) power of attorney, if the application is filed by the representative of the mark owner;  
c) in the case where change of the mark owner name is required, the document proving such 
change. 
 2. Examination of the application by DGPT  2.1 DGPT shall examine the application for the change  of name and/or address of the mark owner, if 
it is in conformity with the provisions of point 1 of this chapter and, if such application is incomplete, 
DGPT shall notify the applicant to make the appropr iate completions within three months from the 
date of notification, otherwise the application shall be refused.  2.2 DGPT shall register the change of name and/or address of the mark owner in the register of marks 
and shall notify the applicant on the registration of such change within six months from the date in 
which the application meets all the requirements provi ded by point 1 of this chapter. The change shall 
be published in the Industrial Property Gazette.   
CHAPTER VIII 
LIMITATION OF THE LIST OF GOODS AND/OR SERVICES 
 
1. Filing of the application 
 1.1 The owner of a mark may require the limitation of  the list of goods and/or services in the register 
of marks, in accordance with Article 161 of the Law.  The application for the limitation of the list of 
goods and/or services shall be filed with DGPT th rough the FM7 form by the mark owner or his 
representative.  IP/N/1/ALB/T/1 
Page 12  
 
  1.2 In addition to the application, the appli cant shall also submit the following documents: 
 
a) the document showing the payment of the designate fee;  b) power of attorney if the application is filed by the representative of the mark owner 
. 
2. Examination of the application by DGPT  2.1 DGPT shall examine the application for the limi tation of the list of goods and/or services as to 
whether it is in conformity with the requirements of point 1 of this chapter and, if the application is 
incomplete, it shall notify the applicant to make th e appropriate completions within three months from 
the notification date, otherwise th e application shall be refused. 
 2.2 DGPT shall register the limitation of the list of goods and/or services in the register of marks and 
shall notify the applicant on the registration of the change within six months from the date in which 
the application meets all the requirements provided by  point 1 of this chapter. The change shall be 
published in the Industrial Property Gazette.   
CHAPTER IX 
TRANSFERRING OWNERSHIP OF A REGISTERED MARK 
 
1. Filing of the application  1.1 The application for transferring the ownership of  a registered mark, provided by Article 162 of the 
Law, shall be filed with DGPT through the FM 3 form by the existing or new mark owner. 
 
1.2 In addition to the application, the appli cant shall also submit the following documents: 
 
a) the document showing the payment of the designated fee;  b) the power of attorney, if the application is  filed by the representative of the mark owner; 
 
c) ownership transfer act, which shall be notarized. 
 2. Examination of the application by DGPT  
2.1 DGPT shall examine the application for transfe rring ownership as to whether it is in conformity 
with the requirements of point 1 of this chapter a nd, if such application is incomplete, DGPT shall 
notify the applicant to make the appropriate comp letions within three months from the notification 
date, otherwise the application shall be refused.  2.2 DGPT shall register the change of the ownership of the mark in the register of marks and shall 
notify the applicant of the registration of such chan ge within six months from the date in which the 
application meets all the requirements provided by po int 1 of this chapter. The notification for the 
change of the mark ownership shall be published the Industrial Property Gazette. 
   IP/N/1/ALB/T/1 
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  CHAPTER X 
REGISTRATION OF LICENSE CONTRACT 
 
1. Filing of the application  
1.1 The application for the registration of the license agreement on the registered mark, provided by 
Article 163 of the Law, shall be filed with DGPT by the mark owner through the FM4 form. 
 1.2 In addition to the application, the appli cant shall also submit the following documents: 
 
a) the document showing the payment of the designate fee; 
 b) power of attorney, if the application is filed by the mark owner;  c) the license agreement, which shall meet the requirements of  Article 163, paragraph (2) and 
(4) of the Law. 
 2. Examination of the application by DGPT  2.1 DGPT shall examine the application for the regist ration of the license agreement as to whether it 
is in conformity with the requirement s of point 1 of this chapter and, if such application is incomplete, 
DGPT shall inform the applicant to make the appr opriate completions within three months from the 
notification date, otherwise the application shall be refused. 
 2.2 DGPT shall register the license agreement on th e mark in the register of marks and shall 
notify the applicant on the registration of such li cense agreement within six months from the date 
in which the application meets all the requirements of point 1 of this chapter. The notification for 
the registration of the license agreement shall be published in the Industrial Property Gazette. 
  
CHAPTER XI 
MARK RENEWAL 
 
1. Filing of the application for mark renewal  1.1 The application for the renewal of a mark, provi ded by Article 164 of the Law shall be filed with 
DGPT by the mark owner through the FM2 and sha ll include also the document showing the payment 
of the renewal fee. In addition to the applica tion shall be also published the following documents: 
 
a) power of attorney if the application is filed by the representative of the mark owner; 
 b) image (reproduction) of the mark (4 copi es) in the size determined by the FM2 form; 
 
1.2 The application for renewal of the mark, wh ich includes the FM2 and the document showing the 
payment of the designate fee, shall be filed with  DGPT within six months from the expiration of the 
mark protection term. The expiration date of the pr otection term of the mark shall constitute. If the 
application is not filed within such term, it may be filed within an additional term of six months from 
the mark protection term, against the payment of an additional fee. 
 
1.3 The list of goods and/or services included in the application for the renewal of a mark shall be 
identical with the list registered in the register of marks. In the case where the Nice Classification has 
changed following the mark registration, the mark owner shall refer to the latest edition of such 
classification in his application for renewal. If th e mark owner has applied for renewal and has only IP/N/1/ALB/T/1 
Page 14  
 
  paid the fee for some of the good or services for wh ich the mark is registered, the mark shall be 
renewed only with respect to those goods or servi ces. Changes made to the list of goods shall be 
reflected in the register of marks.  2. Examination of application by DGPT 
 
2.1 DGPT shall examine the application for the rene wal of a mark as to whether it is in accordance 
with the requirements of point 1 of this chapter and if such application is incomplete, DGPT shall 
notify the applicant to make the proper completions  within three months from the notification date, 
otherwise the application shall be refused. 
 
2.2 Where the application for mark renewal is compliant with the requirements of point 1 of this chapter, DGPT shall register the mark renewal in the register of marks and shall issue the renewal 
certificate within six months from the date in wh ich the application meets all the requirements of 
point 1 of this chapter. 
 
2.3 The mark renewal certificate shall contain:  
a) name and address of the mark owner;  b) number of application and re gistration number of the mark; 
 
c) filing date, date of expiration of the protection term, date of re newal and the date of priority 
(if any);  ç) list of goods and/or services; 
 
d) image (reproduction) of the mark;  dh) protected colours (if any);  e) elements exempted from protection (if any). 
 
2.4 DGPT shall publish the renewal registra tion in the Industrial Property Gazette. 
  
CHAPTER XII 
REGISTRATION OF SURRENDER OF THE MARK 
 
1. Filing of application to withdraw the registered mark  1.1 The mark owner or his representative shall f ile an application for the registration of surrender 
from the registered mark, provided by Article 172 of the law through the F8 form. 
 
1.2 In addition to the application, the appli cant shall also submit the following documents: 
 
a) document showing the payment of the designate fee;  
b) power of attorney where the application is filed by the representative of the mark owner; 
 c) if a license agreement is included in the re gister for such mark, the declaration of the 
licensee affirming that he is aware of the application for surrender;   IP/N/1/ALB/T/1 
 Page 15 
 
 
  ç) if there are judicial proceedings in place with  respect to the right of protection of the mark, 
a declaration issued by the plaintiff through wh ich he agrees to the registration of surrender. 
 2. Examination of the application by DGPT  
2.1 DGPT shall examine the application for the surrende r of the registered mark as to whether it is in 
conformity with the requirements of point 1 of this  chapter and, if such application is incomplete, 
DGPT shall notify the applicant to make the prop er completions within three months from the 
notification date, otherwise the application shall be refused. 
 
2.2 DGPT shall register the surrender of the mark in  the register of marks and GDPT shall notify the 
applicant on the registration of surrender within six months from the day in which the application 
meets all the requirements of point 1 of this chapte r. The notification on the registration of surrender 
shall be published in the In dustrial property Journal. 
 
 
CHAPTER XIII 
APPEALS WITH THE BOARD OF APPEAL 
 
1. Filing of the appeal application  
1.1 Within two months from the date of receipt of th e notification on the refusal of the application, as 
provided by Articles 150 (5) and 154(4) of the law, th e applicant shall have the right to appeal the 
decision of DGPT to the Board of Appeals by submitting to DGPT:  
a) FM10 form of appeal signed by the applicant or his representative; 
 
b) document showing the payment of the designate fee for the appeal;  c) power of attorney if the appeal is f iled by the representative of the applicant. 
 2. Examination of the appeal by DGPT Board of Appeals 
 
2.1 The Board of Appeals shall first examine the application as to whether it meets the requirements 
of point 1.1 of this chapter and if such requireme nts are met, the Board of Appeals shall notify the 
submitter of the appeal in writing that his application is considered unfiled.  
2.2 Where the request for appeal meets the requireme nts of point 1 of this chapter, the Board of 
Appeals shall examine the appeal within three months from the filing date and shall inform the 
submitter of the appeal in writing with respect to the taken decision. The submitter of the appeal is 
entitled to appeal to court the decision taken by the Board of Appeals, in accordance with the 
requirements Article 155, paragraph 4 and 5 of the Law.  
2.3 In the course of examination, the Board of Appeal  shall have the right to ask the applicant who is 
appealing the decision to provide additional materi als and documents within one month from the date 
of notification.  IP/N/1/ALB/T/1 
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  3. Processing of the application after the decision on the appeal 
 3.1 Where the Board of Appeals decides to uphold the appeal and the decision is not taken to court, a 
copy of the decision shall be incl uded in the a copy of the Board d ecision shall be included in the 
application file for the registration of the mark and the examiner shall continue with the procedure of 
registration of the mark in accordance with the re quirements of the Law and of this regulation. 
 3.2 Where the Board of Appeals decides to downturn the appeal and the decision is not challenged in 
court, a copy of the Board decision sh all be included in the file of application for the registration of 
the mark and the refusal shall be final. 
 
3.3 In that case where the decision of the Board of A ppeals is appealed to court, a copy of the final 
court decision shall be included in the application file for the registration of a mark and DGPT shall 
either refuse or register the mark, in  accordance with the court decision. 
 
 
CHAPTER XIV 
OTHER DOCUMENTS WITH RESPECT TO MARKS ISSUED BY DGPT 
 
1. Extracts and investigations issued from the register of marks  
1.1 Pursuant to Article 192(2) and 194 of the Law, DGPT shall issue for the interested parties extracts 
from the register of marks, and responses to applications for investigation.  1.2 The application for the issuance of a register extrac t with respect to a registered mark shall be filed 
with DGPT in writing and shall be accompanied with the document showing the payment of the 
designated fee, otherwise the applicant shall be cons idered as unfiled. The register extract issued by 
DGPT shall contain all the data with respect to th e mark and the history of the changes it has been 
subject to.  1.3 The application for investigation of a mark sha ll be filed with DGPT in writing and it shall also 
contain the document showing the payment of the d esignated fee, otherwise the application shall be 
considered as unfiled. DGPT shall notify the applican t in writing with respect to the outcome of the 
register of marks.  2. Duplicates and the document of priority  
2.1 The owner of a registered mark is entitled to apply for a duplicate of the mark registration 
certificate, for the certificate of mark renewal or th e other notifications issued by DGPT with respect 
to the registration of changes in the register of  marks through a request in writing, which shall be 
accompanied with the document showing the payment of the respective fee and with the power of 
attorney, in the case where the a pplication is submitted by the representative of the mark owner, 
otherwise the application shall be considered as unfiled. 
 
2.2 The applicant who has filed an application for th e registration of a mark with DGPT shall have the 
right to claim a document for the priority of the mark within six months from the filing date of the application for the registration of the mark, s ubject to the payment of the designated fee. 
 
2.3 The priority document that is issued  by DGPT shall contain the following data: 
 
a) filing date of the application for the registration of a mark;  b) number of application;  IP/N/1/ALB/T/1 
 Page 17 
 
 
   
c) name and address of the applicant;  d) reproduction of the mark for which the application has been filed;  
ç) list of the goods and/or services. 
 3. Correction of acts by DGPT  3.1 In the case where DGPT issues acts that cont ain errors or inaccuracies, which do not result from 
the applicant or the owner of the mark, DGPT sh all correct them based on a request in writing 
submitted by the applicant or the owner of mark . DGPT shall re-issue the corrected act, after the 
submission by the applicant or owner of the mark of the original act which requires correction. DGPT 
shall reflect the correction in the register marks and shall publish such correction in the Industrial 
Property Gazette. 
 
 
CHAPTER XV 
APPLICATION FOR THE INTERNATIONAL REGISTRATION OF MARKS 
 
1. Filing of the application for international registration 
 
1.1 The owner of a registered mark in Albania or the applicant may file an application with DGPT, 
subject to a designated fee, with respect to the inte rnational registration of that mark, based on Madrid 
Agreement, through the respective official fo rm designated by the International Office. 
 
1.2 The owner of a registered mark in Albania or the applicant may file an application with DGPT, 
subject to a designated fee, with respect to the in ternational registration of that mark, based on the 
Madrid Protocol, through the respective official  form designated by the International Office. 
 1.3 The owner of a registered mark in Albania or the applicant may file an application with DGPT, 
subject to a designated fee, with respect to the inte rnational registration of that mark, based on Madrid 
Agreement and Madrid Protocol, through the respectiv e official form designated by the International 
Office.  2. Examination of the application for international registration  
2.1 DGPT shall examine the application for the intern ational registration of a mark and it shall notify 
the applicant to make the completions within one m onth from the notification date, if it finds that such 
application has the following shortcomings:  
a) the application for the international regist ration has not been filed through the designate 
form; 
 
b) the list of goods and/or services in the intern ational application is not compatible with the 
list of registration or of the orig inal application filed with DGPT; 
 c) the mark which is subject of the internationa l application is not identical to the registration 
mark or the original application filed with DGPT; 
 ç) any data with respect to the mark in the in ternational application, except for the elements 
exempted from the application, or the claim on th e colours sought for protection, if such data 
or claims are not included in the registration or the original application filed with DGPT; IP/N/1/ALB/T/1 
Page 18  
 
   
d) the applicant has no legal rights to file the application for international registration through 
DGPT;  dh) the application form is not signed by the applicant; 
 
e) the application is not in the language pr ovided by the Madrid Agreement or Protocol; 
 f) the applicant has not paid the respective fee.  If this is the case, DGPT shall consider the 
date of payment as the filing date. 
 
2.2 If the applicant fails to complete shortcomings  within the established term, DGPT shall refuse to 
submit the application to the International Offi ce and shall notify the applicant accordingly. 
 2.3 Where the application for international regist ration meets the requirements provided by point 2.1 
of this chapter, DGPT shall determine the filing date  of the international application, and it shall sign 
such application and submit it to the International Office together with the certificate provided for by Article 3(1) of Madrid Protocol.  2.4 In those cases where the application for the interna tional registration of a mark is filed prior to the 
registration of that mark, the registration date shall be considered as the filing date for the 
international registration. 
 2.5 Applications for renewal, ownership transf er, limitations to the list of goods, the license 
agreement, changes to and cancellation of the license agreement, as well as the changes to the name 
and/or address of the owner of international mark shal l be directly filed with the International Office. 
 
 
CHAPTER XVI 
APPLICATION FOR FURTHER EXTENSION OF TERRITORIAL PROTECTION  
OF INTERNATIONAL MARK 
 1. Filing of the application for further protection extension 
 1.1 The application for further extension of the terr itorial protection of the international territorial 
mark extension of territorial protection of the in ternational mark shall be filed with DGPT by the 
mark owner through an officially recognized form by the International Office. The application shall 
be filed in the same language as that of the filed application for the international registration of the 
mark.  2. Examination of the application for further extension of protection  2.1 DGPT shall examine the application for furthe r extension of territorial protection of the 
international mark and it notifies the applicant to  make the completions within one month from the 
notification date, if it finds that such application has the following shortcomings:  
a) the application has not been filed through the designate form or does not contain all the data required in such form; 
 
b) the application does not have the number of th e international register on the basis of which 
the territorial extension is required;   IP/N/1/ALB/T/1 
 Page 19 
 
 
  c) the list of goods and/or services in the interna tional application is not compatible with the 
international registered list of goods and/or services;  ç) the applicant has no legal rights to file the application for further extension of territorial 
protection through DGPT; 
 
d) the application is not in the language  provided by point 1 of this chapter. 
 2.2 If the applicant fails to make the completions  within the established term, DGPT shall refuse to 
submit the application to the International Offi ce and shall notify the applicant accordingly. 
 
2.3 Where the application for international registra tion meets the requirements provided by point 2 of 
this chapter, DGPT shall notify the applicant and su bmit the application to the International Office. 
  
CHAPTER XVII 
INTERNATIONAL REGISTRATION OF MARKS FOR WHICH TERRITORIAL 
EXTENSION OF PROTECTION IN  ALBANIA HAS BEEN SOUGHT 
 
1. Effects of international applications and registrations  
1.1 The international application wh ich determines Albania ass the state for the territorial extension of 
mark protection shall be processed in the same way as the application for the registration of a national 
mark, from the registration date provided by Article 3(4) of Madrid Agreement and Protocol or from 
the date of further extension of protection to Alba nia, provided for by Article 3ter (2) of Madrid 
Agreement and Protocol. 
 
1.2 That international registration wh ich determines Albania as the state for the territorial extension of 
mark protection shall enjoy the same protection as th e mark registration by DGPT, based on the Law, 
from the date referred to in point 1 of this chapter,  except for the case where the registration has been 
refused by DGPT, in accordance with Article  5 (1) and (2) of Madrid Agreement. 
 
2. Examination of international applications 
 2.1 Where the international application fails to m eet the requirements of Article 140(2) and (3) and 
the requirements of Article 142 of the Law or wh ere an opposition has been filed against such 
application, according to Article 152 of the Law, DGPT shall inform the International Office in 
accordance with the procedures and terms define d by the Madrid Agreement and Protocol 
(provisional refusal). The notification that is sen t to the International Office shall foresee a three-
month term for the applicant of the international ap plication, within which the latter shall submit his 
arguments to DGPT with respect to such provisional refusal.  2.2 In that case where the applicant fails to subm it his arguments to DGPT within the term provided 
for by point 3 of this chapter, DGPT shall notify the International Office that the extension of the 
protection of the international mark in Albania is re fused, in part or in whole (final refusal). In the 
case where the applicant submits to DGPT his arguments  within the term established by point 3 of this 
chapter, DGPT shall proceed with the examination of the application in accordance with the Law 
provisions and shall notify the International Office on the refusal of the application (final refusal), or 
of the rejection of the provisional refusal. 
 IP/N/1/ALB/T/1 
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  3. Opposition against the protection extensi on of the international mark in Albania 
 3.1 The procedures for filing and examination of th e opposition to an application or international 
registration that designates Albania as a state for th e extension of territorial protection of the mark 
shall be the same as those provided for by the Law and this regulation with respect to national 
registrations and applications. 
  
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