TRADEMARK REGULATION   
 
 
CHAPTER I  
GENERAL PROVISIONS  
 
Article 1  
Scope  
 
The Regulation on the Registration of Trademarks is intended to define in detail 
certain issues provided for in Law No. 9947, dated 07/07/2008, “On Industrial 
Property” as amended, as regards to the procedures related to the trademarks 
managed by GDIP.   
 
Article 2  
Definitions  
 
For the purposes of this Regulation, the following terms have the following 
meaning:  
 
1. “Regulation”  shall mean the trademark regulation;  
2. “Law”  shall mean Law no.9947, dated 07/07/2008, as amended “On Industrial 
Property”;  
3.  “Bureau” shall mean the General Directorate of Industrial Property (herein 
GDIP);  
4. “Official Bulletin”  shall mean the Official Bulletin of Industrial Property;  
5. "Classification  of Nice"  shall mean the international classification of goods 
and services, in function of trademark registration, as approved by the Nice 
Agreement on July 15, 1957, with all subsequent amendments;  
6. "INID codes"  shall mean the codes established by the Wor ld Intellectual 
Property Organisation (WIPO) WIPO Standards ST.60 and ST.3), to identify 
bibliographic data relating to the trademarks;  
7. "Classification of Vienna"  shall mean the classification of figurative elements 
of the trademark in accordance with the classification adopted by the Vienna 
Agreement;     
8. "Joint Regulation"  shall mean the regulation under the Madrid Agreement 
relating to international trademark registrations and the Protocol relevant to this 
Agreement;   9. “Madrid Agreement" shall mean the a greement on the international 
registration of trademarks, dated on April 14, 1891, with all subsequent 
amendments;  
10. "The Madrid Protocol"  shall mean the protocol related to the Madrid 
Agreement, adopted on June 27, 1989, with all subsequent amendments;  
11. “International Bureau”  shall mean the International Bureau of the World 
Intellectual Property Organization;  
12. "Competent Authority"  shall mean an administrative or judicial authority that 
is competent to determine whether a trademark is a well -known trademark or  to 
guarantee the protection of well -known brands;  
13. "International Colour Systems"  shall mean standardized reproduction 
systems of world -renowned colours, such as:   Pantone, Hex, RAL, RGB , or 
CMYK .  
14. "Relevant customer"  shall mean factual consumers that purchase or use the 
goods/services  
15. "Relevant public"  shall mean:  
 
a) factual/relevant and/or potential customers that purchase/use or that will 
purchase/use these goods and/or services in the future;  
b) to evaluate the possibil ity of causing confusion, relevant public consists 
of customers that have the opportunity to use the goods and services 
covered by the previous trademark, as well as the products covered by 
the trademark for which it is applied when they are considered to be 
identical or similar;  
c) people involved in distribution channels of goods and/or services for 
which trademarks are protected;  
 
16. “Joint Recommendation ” shall mean joint recommendation in relation with 
the provisions for the protection of well -known brands a dopted by the Paris 
Union Assembly “On the Protection of Industrial Property” and the General 
Assembly of WIPO.  
 
17.  “Objection Chamber ”, shall mean the Chamber for the objection review.  
 
 
CHAPTER II  
APPLICATION FOR THE REGISTRATION OF A TRADEMARK  
 
Article 3  
Contents of the request   
1. Every person is entitled to apply with GDIP for the registration of a trademark.  
 
2. Application for the registration of a trademark contains:  
 
2.1.   Request for application for national mark registration attached to this 
regulation, including the following information:   
 
2.1.1.  the name and address of the applicant, in accordance with 
Article 62 of this Regulation;    
2.1.2.  the name and address of the authorized representative, in 
accordance with Article 62 of this Regulation, if the request is 
filed by a representative;  
2.1.3.   the list of goods and/or services, in accordance with Article 13 
of this Regulation;       
2.1.4.   information regarding priority, if the applicants claims priority 
in accordance with Articles 147 and 148 of the Law;     
2.1.5.  the design of the trademark required to be registered in 
accordance with Articles 4, 5, 6, 7, 8, 9 and 10 of this 
Regulation;         
2.1.6. declaration of exemption from protection for elements in the 
trademark appearance, which are exempted from protection 
under Article 142 of Law 9947;   
2.1.7.  an indicator that determines the type of trademark that is 
required to be registered : verbal trademark, figurative 
trademark, positioned trademark, repeating -pattern trademark, 
three -dimensional trademark, colour trademark or another type 
of trademark;   
2.1.8. converting letters and/or numbers of the trademark, if it contains 
elements wr itten in characters other than Latin letters or 
numbers other than the Arabic or Roman numerals.   
2.1.9. an indicator that determines the category of the trademark that 
is required to be registered: individual trademark, collective 
trademark or certificat ion trademark;  
2.1.10. trademark description, when it is not an verbal trademark, and 
the translation into Albanian language, when the trademark is in 
a foreign language and possesses a certain meaning.  
  
2.1.11.  signature  of the applicant or his representative.  
 2.2.  Payment of the application fee;  
 
2.3.  Authorization of representation, if the application is filed by the 
representative.  
 
2.4.  the regulation of use of the collective or certification trademark in 
accordance with paragraph 4 of article 165, and paragraph 3 of article 
166 of the Law, if the registration of a collective or certification 
trademark is required.  
 
 
Article 4  
Verbal Tradema rks 
 
1. If a trademark consists only of words or letters, numbers, punctuation marks, or 
other signs according to the standard keyboard or combination thereof, a 
trademark will be considered a verbal trademark.  
    
2. The verbal trademark shall be represented by the  reproduction of the sign in 
standard characters with no graphic or colour presentation.   
  
3. The verbal trademark will be typed or printed on the application form in the 
space reserved for this purpose.  
 
4. The trademark consisting in seemingly non -standard t ext, for example, written 
in more than one line, shall not be considered a verbal trademark, because such 
trademark is considered as a figurative trademark.   
 
Article 5  
Figurative trademarks    
 
1. If a trademark is required in the application, which consist s of non -standard 
characters, stylisations, graphic presentation, with colours, figurative elements 
or a combination of word and figurative elements, the trademark shall to be 
considered as a figurative mark.  
 
2. The figurative trademark shall be represented by a presentation of a 
reproduction of a sign that indicates all its elements, and when possible, also its 
colours. The figurative trademark shall be presented in the application form in 
the space reserved for this purpose.   
3. If the trademark re gistration is requested in colour, the application will contain 
a trademark colour presentation. If the trademark registration is not required in 
colour, the mark should appear black and white on all documents, the database 
and the official bulletin.  
 
4. In the trademark register kept by the Bureau, in publications, in a decision on 
trademark registration, and in the trademark registration certificate, the colour 
mark shall be represented in the best possible technical quality by the Bureau. 
In the event of an y dispute over the nuances and shades of colours in which the 
trademark is reproduced, the representation of the trademark shall be 
determined according to the original representation of the trademark in the 
application form.  
 
5. As regards to the positioning  of the trademark in the space provided for this 
purpose on the form, the correct position shall be determined by the position of 
the trademark in the application form.  
 
 
Article 6  
Three -dimensional Trademarks   
 
1. If a trademark consists of, or indicates a  three -dimensional shape, including 
boxes, packaging, the product itself or its appearance, a trademark will be 
considered a three -dimensional trademark.   
 
2. The three -dimensional trademark shall be represented by a presentation of the 
graphical reproductio n of the three -dimensional shape, including images created 
by the computer or a photographic reproduction.  
 
3. The graphic or photographic reproduction may include several different images 
of the trademark.   
 
4. If the trademark is a three -dimensional trademark, the appearance of the 
trademark must clearly show its three -dimensional features.  
 
5. When the three -dimensi onal trademark is a sketch drawing, the reproduction 
must be in uniform and clear stripes. The drawing may contain lines and 
shadings to better represent the details.  
 Article 7  
Positioning Trademarks    
 
1. The positioning trademark indicates the specific wa y of placing it or its 
attachment to the corresponding goods.    
 
2. The positioning trademark shall be represented by a reproduction, which 
adequately identifies the trademark’s position and the ratio of its size to the 
relevant goods.  
 
3. Elements that are not part of subject of the registration shall be exempted from 
visual protection by showing them broken lines or dotted lines.  
 
4. The trademark's description should determine how the trademark relies on the 
relevant goods and should not serve as a reason for  not visually displaying the 
appearance of the trademark.  The presentation of the positioning trademark 
shall be accompanied by a detailed description of how the brand is attached to 
the relevant goods.  
   
Article 8  
Pattern Trademark  
      
1. The pattern trademark consists exclusively of a set of elements that are repeated 
regularly.   
 
2. The design trademark shall be represented by presenting a reproduction that 
shows the pattern of repetition   
 
3. The presentation of the design trademark can be a ccompanied by a detailed 
description of how the pattern trademark elements are repeated on a regular 
basis.  
  
 
Article 9  
Trademarks that consist of one colour or combination of colours    
 
1.  If a trademark is required in the application, which consists of single colour or 
combination of colours, the colours can be listed and described in the 
application along with the respective colour code from international colour 
systems such as Pantone, He x, RAL, RGB  or CMYK .   
2.  When colour codes are significantly different from the colours represented in 
the trademark image the Bureau shall notify the applicant.  If the applicant fails 
to respond to the notice of the Bureau or even after the response th e codes 
determined by him are again significantly different from the colours represented 
in the trademark image, the Bureau shall not consider them and notify the 
applicant of the decision.    
 
3.  If in the application the registration of a trademark is r equired, which consists 
on combining the colours, the reproduction must also contain a systematic 
sequence of identical colours, together with the specifications of these colours 
in accordance with the relevant code of colours pursuant to the international  
colour systems. The request for trademark registration may also contain a 
detailed description of the systematic sequence of colours.                                     
 
 
 
 
 
Article 10  
Other types of trademarks  
  
1. If a different type of trademark registration is required in the application, the 
trademark type should be quoted in the application.  
 
2. Depending on the trademark type for which application registration is required, the 
application must be accompanied by a graphic presentation of  the trademark, 
which must be clear, accurate, easily available, consistent and objective.   
 
 
Article 11  
Correction of trademark types   
 
1. If the type of the trademark indicated in the request for trademark registration, 
does not match the appearance of the trademark shown, or the trademark type 
is not specified in the deposit form, and the type of the trademark that the 
applicant requested to submit is clear, the Bureau shall correct the trademark 
type and shall notify the applicant in writ ing. 
 2. The applicant should present his additional explanations/documentation within 
three months from the date of receipt of the notice.  
 
3.   If the applicant fails to respond to the Bureau's notice within the above legal 
terms, the correction made by the Bu reau will be considered as received by the 
applicant.  
 
4. If the applicant disagrees with the change, the Bureau shall return the type of 
the trademark as indicated initially by the applicant in the moment it has filed 
the request for registration. However the request for registration may be object 
of refusal, du e to ambiguity of the nature of the trademark.    
 
5. If the type of the trademark indicated on the request for trademark registration 
does not match the appearance of the trademark applied for, or the type of the 
trademark is not declared, or it is not clear  which type of applicant's trademark 
is intended to apply, the Bureau will issue a notice for completing the 
irregularities.  
 
6. The applicant should complete the  irregularities required in the notice issued 
by the Bureau within three months from the date o f receipt of the notice. If the 
irregularities of the notice issued by the Bureau are not completed within the 
above legal terms, the application shall be rejected.  
 
7.  If the description of the trademark does not match the filing of the trademark, 
the B ureau shall require to the applicant to delete or change the description of 
the trademark.  The trademark’s image can not be changed to match the 
trademark’s description.  
 
 
Article 12  
Other requests regarding the reproduction of the trademark  
 
1. The reprodu ction of the trademark should be of a quality, shape and colour that 
allows trademark elements to be clearly distinguishable in every detail. The 
representation of the trademark should not be over -copied and should be clear 
of wipes and over -colouring.  
  
2. The presentation of the trademark must be included within the space reserved 
for this purpose in the application form (8 x 8 cm square) and the distance between the two horizontal, vertical and diagonal markings of the trademark 
should not be less than 1.5  cm. 
 
3. The application should not be accompanied by samples or objects for which the 
trademark which is required to be registered will be used. Such deposited 
objects must be returned to the applicant, and if their return is not possible they 
must be destro yed at the expense of the applicant prior to the publication of the 
trademark registration application.   
 
  
Article 13  
 List of goods or services  
 
1.   Goods and/or services should be presented with sufficient clarity and accuracy 
so that the competent au thorities and economic operators understand the goal of 
the required protection.  
 
2.   A description of the list of goods and/or services is sufficiently clear and 
accurate when its purpose can be understood from its normal and general 
meaning. If terms us ed in the titles of the Nice Classification classes are used  or 
other general terms, these must meet the conditions of clarity and accuracy 
specified in this paragraph. Usage of general terms, including general indicators 
of titles of the Nice Classificat ion classes, shall be interpreted as including all 
the goods or services clearly under the literal meaning of the general indicator 
or term within the context of the class applied for.  
 
3.  Goods and/or services should be listed accurately and grouped in accordance 
with the Nice classification classes. Class number must precede each class in 
accordance with the Nice classification.  
 
4.  A term (goods or services) may be part of the description of goods and services 
in several different classes. Such term m ust be clear and accurate in a specific 
class without further specifications, if its normal and general meaning and the 
class number do not leave space for doubts regarding the goal of the protection.  
 
5.  If the scope of the protection cannot be understoo d, the required clarity and 
accuracy of the term (goods/services) can be achieved through the identification 
of such factors as: characteristics, scope and/or identifiable market sector.  
 6.  The classification of goods and/or services should serve exclus ively for 
administrative purposes and goods or services can not be considered similar 
only to the fact that they appear in the same class according to the Nice 
classification. Goods or services shall not be regarded as different only because 
they appear in  different classes according to the Nice Classification.  
 
7. The Bureau notifies the applicant if there are goods and/or services that are not 
sufficiently accurate and clear, asking him to submit respective explanations or 
specifications within a 3-month period from the date of receipt of the notice.  
 
8.  The Bureau shall reject the application in respect of those goods and/or services 
which are not sufficiently clear and accurate, and when the applicant does not 
present relevant explanations or sp ecifications under this Article within the 
three month period.   
 
 
Article 14  
The limitation of list of goods and/or services    
 
The request for the limitation of list of goods/services must contain:   
 
1. Application form for limiting the list of goods and/ or services attached to this 
regulation, with the following information:  
 
1.1.  Number of application for the registration of the trademark or number of 
registration;   
1.2.  Name and address of the applicant or mark owner , in accordance with 
Article 62 of this Regulation;    
1.3. Name and address of the authorized representative, if the request is 
presented by a representative, in accordance with article 62 of this 
regulation;    
1.4. The limited list of goods and/or services in accordance with article 13 of 
this regulation.  
 
2. Payment of the defined application fee;  
 
3. The authorization of representation, if if the request is filed by a representative.  
 
 
Article 15  Division of the applica tion of a trademark  
 
1. The application for the division of a trademark application should contain:   
 
1.1. Application form for dividing an initial application for trademark 
registration, attached to this regulation, with the following information:  
 
1.1. Number of the application of a trademark;   
1.2. Name and address of the applicant;   
1.3. Name and address of the authorized representative, if the request 
for division is filed by a representative.   
1.4. List of and goods and/or services that will be included in the 
separate applications;  
1.5. The applicant’s signature or that of the representative, if the 
request for the division is filed by a representative;    
 
1.2. Payment of the defined application fee;   
1.3. The authorization of representation,  if  the request for the division is filed 
by a representative.  
 
2. For any application for division of the initial application, a special request must 
be filed.       
 
3. The list of goods and/or services of separate applications and the list of goods 
and/or servic es left in the initial application, must first be identical to the list of 
goods and/or services of initial application at the time the request for the 
division of the initial application is deposited. When the request for division 
relates to goods and/or services referring to a general term of their 
classification, this general term shall be used both in the remainder of the initial 
application and in the separate application and shall be limited by appropriate 
add-ons to avoid overlapping the list of good s and/or services.  
 
4. Where a request does not meet the requirements set out in paragraphs 1, 2 and 3 
of this Article, the Bureau shall notify the applicant of the completion of the 
deficiencies within two months of the date of receipt of the notification. I f the 
applicant does not complete the deficiencies within the prescribed deadline, the 
request for sharing will be rejected. The division of the initial application starts 
effects from the date it is registered on the file from the Bureau, in relation to 
the initial application.  
 5. A full copy of the initial application documents should be part of the separate 
application and a copy of the request for division must be part of the initial 
application documents.  
 
6. All the filed applications and the paid fees in  relation with the initial application before the 
date of the submission of the application for division of the initial application shall be 
considered as filed and paid also for the application or applications for division. The fees for 
the initial applic ation, which are paid before the date of the submission of the application for 
division of the initial application, shall not be refunded.   
 
7. The authorized representative appointed in the initial application shall also be 
considered as such in the separate  application, except if the applicant has 
revoked him/her as a representative.  
 
8. The request for division of the initial application shall not be accepted if:  
 
8.1 .  a request for objection to the initial application has been lodged; such 
a division affects those goods and/or services against which the request 
has been lodged, up to the moment a final decision has been made or the 
dispute has been permanently resolved by mutual consent between the 
parties;  
8.2 .  The initial application did not receive a deposit date from the Bureau;  
8.3 .  the application is submitted during the three -month period of the 
publication in the official bulletin.  
 
9. The separate application is assi gned a new number. The divided application will 
preserve the same deposit or priority date as the initial application.  
 
10. The division of the initial application for a trademark registration shall be 
published in the official bulletin.  The publication of th e division of the 
application shall not start a new objection period.  
  
Article 16  
The claim for priority  
 
1. The request for priority shall contain:  
 
1.1 .  the deposit date of the earliest application;  
1.2 .  the number of the earliest application; and  1.3 .  the bureau in which the earliest application is deposited or the 
exhibition in which the goods and/or services have been exhibited.  
 
2. The claim for priority must be declared in the application form for trademark 
registration. If a priority is required, the applicant must within three (3) months 
from the claim priority request’s submission date, deposit to DPPI the priority 
document, unde r article 147, of the law, or a certificate issued by the competent 
authorities of the exhibition where the goods and/or services were presented, 
under article 148 of the law. The priority document, either the original or the  
copy unified to the original,  must be deposited translated into Albanian.  
 
3. The applicant may request priority for one, some or all classes of goods and/or 
services, even with different priority dates for each of them, by submitting 
relevant priority documents.  
 
4. If the applicant, within 3 (three) months from the request’s submission date, 
does not deposit the priority document of the bureau the initial application was 
deposited, under article 147, of the law, or a certificate issued by the competent 
authority of the exhi bition, under article 148, of the law, GDIP shall reject the 
request for priority.  
 
5. The right for priority, acquired under the provisions of the law and of this 
regulation, resulting in the date of priority being referred to as the deposit date 
of the appl ication for a registered trademark to the DPPI only for the purpose of 
determining which application is entitled with one previous right.  
 
 
Article 17  
Exceptions to protection  
 
1.  Exemption from protection of the elements of a trademark that cannot be 
protected shall not impede the continuation of the examination procedure for 
absolute basis by the bureau.  
 
2.  When a trademark consists of a combining element, each of which is not clearly 
distinguishable, it is not necessary to lodge a declaration of prote ction for each 
element; in such case the exclusion will be considered for all elements as a 
whole.  
 3.  When the applicant requires the exclusion from the protection of a non -
distinctive element of his application, such an exemption will remain, even if 
the bureau does not consider it necessary.  
  
4.  Exemptions from protection of distinctive elements shall be rejected by the 
Bureau if they result in an ambiguous trademark protection.   
 
 
 
Article 18  
Resignation from the application  
 
1. The applicant shall be entitled to waive from the application of the trademark at 
any time until a final decision on the trademark registration is made.  
 
2. If the request for resignation from the application is carried out before the 
Bureau started examining the applicati on for formalities pursuant to article 21 
of this regulation, the Bureau shall return the applicant 80% of the amount paid 
at the time of application.  
  
3. The resignation becomes effective on the day it is submitted at the office and 
cannot be revoked.  
 
 
 
CHAPTER III  
REGISTRATION PROCEDURES  
 
 
Article 19  
Examination of the conditions for deposing the application  
 
1. The bureau examines whether the application for a trademark meets the 
conditions provided for in point 4 of Article 145 of the Law.  If the application 
completes the requirements, the Bureau shall issue the depository evidence and 
shall recognize as the de posit date the date in which the application was 
submitted.   
  
2. 2. When the application for a trademark does not complete the conditions 
provided for in point 4, article 145 of the Law, the Bureau shall require the applicant to complete the irregularities within two months from the date of 
receipt of the notice.  
 
3. If the application completes the requirements within the deadline provided in 
the paragraph above, the Bureau shall issue the depository evidence and shall 
recognize as the deposit date of the appl ication the date when the response for 
the completion of irregularities is submitted at the Bureau.  
 
4. If the irregularities are not completed within the two -month period, the Bureau 
shall reject the application and notify the applicant of the refusal decis ion. The 
refusal decision may be appealed to the Chamber for Abolishment/Depreciation 
within one month from the date of the decision.  
  
 
Article 20  
Certificate of the deposit  
 
Evidence of the deposit will contain the following information:  
 
1. Deposit date;  
2. Application number:  
3. Name and address of the applicant;  
4. Trademark’s appearance;  
5. List of goods and/or services;  
6. Other information declared in the application form for national trademark 
registration.  
 
Article 21  
Formal examination of the application for the trademark registration  
 
1. The examiner examines the trademark applications in the order of their 
submission to the GDIP in accordance with points 4 and 5 of Article 150 of the 
Law.  
 
2. If the applicant requires an examination overlooking the serial number 
(accelerated) for a trademark application, making the relevant payment, the 
Bureau examines the application for the trademark within the shortest possible 
time, without following the serial number.  
 3. Examination of the trademar k is made within the 3 (three) months period from 
the date of submitting it.  Within this period, the examiner shall examine 
whether the request is in accordance with Article 145 of the Law and Chapter II 
of this Regulation.     
 
4. If the trademark applicati on does not complete the requirements set out in 
Article 145 of the Law and Chapter II of this regulation, the GDIP notifies the 
applicant to complete the irregularities within 3 months from the date of receipt 
of the notice.  
 
5. The deadline for submitting the completion of the irregularities is extended to 
two additional months, if the applicant submits a written request for this 
purpose within three months from the date of receipt of the notification and 
pays the relevant fee. If the completion does not re spect these deadline provided 
for in points 4 and 5 of this article, the Bureau shall refused the application. 
This decision may be appealed to the Chamber for Abolishment/Depreciation 
within one month from the date of the decision.  
 
6. After receiving a resp onse from the applicant for the completion of 
irregularities within the three -month period, the examiner examines the 
response within 1 month of receiving the response for the completion of 
irregularities.  
 
7. If in his response the applicant still has not co mpleted the irregularities, the 
Bureau shall refuse the application and notify the applicant on the refusal act.  
 
8. If the applicant in his response has partially fulfilled the irregularities in respect 
of the list of goods and/or services; the Bureau shall remove from the list, the 
not specified /precised goods and/or services; and notify the applicant in 
writing. This decision may be appealed by the applicant to the Chamber for 
Abolishment/Depreciation within one month from the date of the decision.  
  
 
Article 22  
The examination for absolute basis  
 
1. The Bureau examines the trademark application for absolute basis, in 
accordance with article 142 of the Law.  
 2. Where it finds that the trademark application is not in accordance with Articles 
140 and 142 of th e Law or when it finds that the application does not comply 
with those Articles only for a part of the goods and/or services, the Bureau shall 
notify the applicant, giving real arguments for the partial of complete refusal for 
absolute reasons and invites him to submit explanations and/or additional 
documents regarding the notice of the office or resignation from the application 
within two months from the date of receipt of the notice.  
 
 This deadline may be extended by two months if the applicant submits a  
written request within two months from the date of receipt for and pays the 
relevant fee.  
 
3. Following the receipt of a response by the applicant within the deadline 
provided for in point 2 of this Article, the examiner reviews the response within 
1 (one) m onth of its submission.  
 
4. If the applicant does not submit his explanations and/or documents writing the 
two month period, or the Bureau does not consider them sufficient or well -
grounded, the Bureau shall,  as appropriate, completely or partially refuse th e 
application and notify the applicant on the refusal decision.  
 
5. If an element is considered non -distinctive by the bureau, and the element 
occupies the largest or the main part of the appearance of the trademark, the 
bureau shall refuse to register the ap plication even if the applicant declares the 
exclusion from the protection of that element.  
 
6. If, after notification to the Bureau, the applicant does not request the exclusion 
of one or several non -distinctive elements of the trademark, the Bureau shall 
refuse the protection of those elements and notifies the applicant of the decision 
which can be  appealed at the Abolishment/Depreciation Chamber  within one 
month of receipt of the decision by the applicant.   
 
7. The trademark can not be registered if it is identical to a previous trademark and 
their goods and/or services are the same or similar, as i n the case where the 
goods and/or services of one are closely related to the other’s.  
 
8. The trademark shall be considered identical when upon sight they do not differ 
or differ only in insignificant aspects of each other.  
 9. If the bureau finds that an appli cation for the trademark in question is identical 
to a previously deposited trademark, the bureau shall notify in writing the 
applicant of that fact.  
 
10. If the applicant of a subsequent trademark requests the suspension of the 
examination of the application,  because it has started negotiations with the 
applicant or the owner of the initial trademark to settle the conflict with the 
latter, the Bureau accepts the request for suspension if it is based on written 
evidence that show the beginning or existence of n egotiations between the 
parties and decides to suspend the examination of the trademark application 
until the conclusion of negotiations.  
 
11. The Bureau has the right, any time it deems necessary, to request information 
from the subsequent trademark applican t regarding the progress of negotiations. 
In the event that the subsequent trademark applicant does not submit written 
evidence regarding the negotiations within one month from the date of receipt 
of the Bureau's notice, the latter shall abrogate the suspe nsion decision and 
continue the proceedings.  
 
12. If the initial application is rejected and the refusal decision has become final, 
the Bureau continues the examination of the subsequent application.     
 
13.  When the Bureau finds that a trademark applied for reg istration later is 
identical to a previously registered trademark for which the 10 -year renewal 
term has been completed but is still within the additional 6 -month time limit 
provided for in point 2, of Article 164 of the Law, the Bureau shall suspend the 
registration of the subsequent trademark until the end of this term.   
 
14. If no request for renewal of the initial trademark is filed under point 13 of this 
article, the suspension shall be terminated and the office shall continue the 
procedure for examining the application of the subsequent trademark.  
If the initial trademark is renewed within the additional 6 -month term, 
according to point 13 of this article, the suspension is terminated and the 
Bureau proceeds in accordance to point 9 of this article.  
 
15. If deemed necessary, the Bureau has the right to request documents or 
declarations from an applicant who has filed a trademark application when 
examining the application for absolute grounds.  
 16. On the basis of an observation filed by a third party, pursuant to Article 151/a 
of the Law, the Bureau shall examine the objection throu gh the Refusal Review 
Chamber and, where appropriate, reopen the examination procedure on its own 
initiative for absolute causes at any time, before the registration of the 
trademark. If the office decides to reopen the examination procedure, it 
continues in accordance with points 3, 4 and 5 of Article 151/a of the Law.  
 
Article 23      
The investigation report  
 
1. During the examination for absolute causes of the trademark application, the 
bureau will draw up an investigative report listing the trademarks or  
applications for trademarks found in the database bureau search, on the bases of 
which the registration of the trademark application can be objected, based on 
Article 143 of the Law. The investigation report contains the date of filing, 
word elements, tra demark representation, name of the owner or applicant, and 
classes of goods and/or services, according to the Nice Classification.  
 
2. The report drafted on the basis of point 1 of this article shall be sent to the 
applicant only in case he has requested the  investigation report and paid the fee 
for the investigation of the trademark in the application for registration of the 
trademark.  
 
3. Upon publication of the trademark registration application, the Bureau shall 
notify the authorized representatives and/or trademark owners, or previous 
applications cited in the investigation report for the publication of the trademark 
application, regardl ess if it has been requested or not the investigation report 
from the applicant. Notifications are made only at the addresses that the 
applicants  and / or the owners of previous marks or applications  or their 
representatives have in the territory of the Republic of Albania.  
 
Article 24  
The trademark registration  
 
1. When the application for the registration of a trademark meets the criteria set 
out in the Law and this regulation and no objection has bee n lodged within the 
period laid down in Article 152 of the law or when the objection has been 
waived or the objection has been rejected and the decision has become final , 
the Bureau will notify the applicant for the deposit of the fee for registration of 
the trademark within one month from the date of receipt of the notice.   
2. Upon receipt of the registration fee, the office registers the trademark in the 
trademark register and publishes the registration.  
 
3. If the applicant fails to pay the trademark registr ation fee within the prescribed 
deadline, the bureau refuses to register the trademark and notifies the applicant 
of the decision.  
 
4. The decision to reject the trademark for non -payment of the registration fee in 
time may be appealed to the abolishment /de preciation chamber within 1 month 
from the date of receipt of the notice.  
 
5. Upon settling on time the payment of the registration fee, the Bureau will issue 
the certificate of registration in the relevant form. This certificate may also be 
issued electroni cally at the applicant's request against a reduced fee for the 
registration of the trademark.   
 
 
CHAPTER IV  
REGISTER, PUBLICATION, CERTIFICATE OF A TRADEMARK  
 
Article 25  
Content of trademarks registration  
   
1. The trademarks register should contain the following information:  
 
1.1. The application and registration number of the trademark;   
1.2. Deposit date of the application;   
1.3. Information concerning the applicant and the owner of the trademark 
as presented in the ap plication;    
1.4. Information concerning the authorized representative if one is 
designated;  
1.5. List of goods and/or services;     
1.6. Information concerning priority (date and number of the initial 
application, as well as the country this application was submitted or 
the date of priority from the exposition/fair, as applicable);   
1.7. Trademark’s appearance;  
1.8. Elements in the trademark’s appea rance, which are exempted from 
protection;    1.9. Type of trademark (verbal trademark, figurative trademark, 
positioning trademark, pattern trademark, three -dimensional 
trademark, colour trademark or another type of trademark);   
1.10. Colour or combination of colou rs that are requested to be protected 
and the names of the colours or the colours allegedly distinguishable 
of the trademark.  
1.11. Category of trademark (individual, collective, certifying);   
1.12. A trademark letter and/or number  conversion;  
1.13. A description of the trademark;  
1.14. A translation of the trademark into the Albanian language;   
1.15. Classification of figurative elements of the trademark in accordance 
with the Vienna Classification;  
1.16. Rules of use from a contract deposited for the use of a collective or 
certification trademark if the registered trademark is such.    
1.17. Date of publication of the application in the official bulletin;   
1.18. Information concerning the trademark’s status;   
1.19. Trademark’s date of registration;   
1.20. Date of termination of trademark’s  protection;   
1.21. Date of publication of trademark’s registration in the official bulletin;       
1.22. Information concerning application or registration changes/corrections 
in the understanding of article 37 of this regulation;   
1.23. Date and international registration number if this trademark has an 
international registration;   
1.24. Information concerning t he renewal of the trademark registration;   
1.25. Information concerning the division of an application;   
1.26. Information concerning trademark’s changes such as: transfer of 
rights, licensing, pledge, execution actions, changes to the name and 
address of the applic ant, trademark owner or authorized 
representative, list or commodity limitations, Models, changes in 
collective use contracts, and other key indicators regarding the legal 
status of the trademark.    
1.27. Information concerning the the opposition lodged;  
1.28. Inform ation concerning the request for the abolishment of a 
trademark;   
1.29. Information concerning to a claim for the invalidation of a trademark;    
1.30. Information concerning the resignation of the trademark;  
1.31. Information concerning the termination of trademark effect s and the 
respective causes;  
1.32. Information concerning the appeal of the Bureau's decision as:  the 
appellant, the number and date of the appealed decision of the Bureau, the date of the appeal, the authorized representative if assigned one, 
the date and type  of decision issued in connection with the 
application, if a request for appeal is deposited.     
 
2. Official summary of the information concerning the international registration of 
the trademarks is administered by the International Bureau of WIPO.  With th e 
request of any interested person and upon payment of the respective fee, the 
Bureau shall issue extracts from data summaries with regard to international 
trademark registrations available at the bureau.  
 
 
Article 26  
Information published in the official bulletin for an applied trademark   
 
1. The Bureau should publish in the official bulletin the following data for a 
trademark application:   
 
1.1. Application number;  
1.2. Deposit date of the application;  
1.3. Name and address of the applicant;  
1.4. Name and address of the authorized representative if the applicant has 
designated one;  
1.5. List of goods and/or services;    
1.6. Information concerning the right of priority (the date of the exhibition of 
goods and/or services in the exhibition or fair , the type of exhibition or 
fair, the place of organization, or the date of the deposit and the number 
of the previous application and the place of deposit);  
1.7. Trademark’s appearance;  
1.8. Elements in the trademark’s appearance which are exempted from 
protection;  
1.9. Names of the alleged colours when the trademark is requested to be 
registered or protected for a colour or combination of colours. Colour or 
combination of colours that are request ed to be protected and the names 
of the colours or the colours allegedly distinguishable of the trademark;  
1.10. Indicator determining the type of trademark that is required to be 
registered: verbal trademark, figurative trademark, positioning trademark, 
pattern  trademark, three -dimensional trademark, colour trademark or 
another type of trademark;  1.11. Indicator determining the category of the trademark that is required to be 
registered: individual trademark, collective trademark or certification 
trademark;  
 
2. The infor mation referred to point 1 of this article should be presented through 
the INID codes established by the WIPO (WIPO Standards, ST.60 and ST.3), 
identifying the bibliographic information relating to the trademarks.  
 
3. The official bulletin shall be published  as the application for the registration of 
a mark as well as the corresponding data referred to in paragraph 1 of this 
article.  The bulletin also publishes:  
   
3.1. changes concerning the application, which are recorded in the register;  
3.2. changes in the applic ation, in accordance with Article 37 of this 
Regulation;  
3.3. division of the initial application.  
 
4. In case the application is rejected, the decision to reject the application shall be 
published when it becomes final.  
 
5. When the publication of the application contains a mistake made by the Bureau 
or the applicant, the Bureau must correct it at its own in itiative or at the request 
of the applicant and publish the correction if the application has been previously 
published.  
 
 
Article 27  
Information published in the official bulletin for an applied trademark  
 
1. Information published in the official bulletin fo r an applied trademark are:  
 
1.1. The application and registration number of the trademark;   
1.2. Deposit date of the application;   
1.3. Information concerning the applicant and the owner of the trademark as 
presented in the register;    
1.4. Information concerning the authorized representative if one is designated;       
1.5. List of goods and/or services;     
1.6. Information concerning priority (date o f priority from the exhibition/fair 
or date and first application number and the state where it is deposited);   
1.7. Trademark’s appearance;  1.8. Elements in the trademark’s appearance which are exempted from 
protection;    
1.9. Type of trademark (verbal trademark, figu rative trademark, positioning 
trademark, pattern trademark, three -dimensional trademark, colour 
trademark or another type of trademark);  
1.10. Colour or colour combination for a trademark that shows that the 
trademark is requested to be protected for a colour or  a combination of 
colours;  
1.11. Indicator determining the category of the trademark that is required to be 
registered: individual trademark, collective trademark or certification 
trademark;  
1.12. Date of termination of trademark’s  protection.   
  
2. Information referr ed to point 1 of this article must be submitted through the 
INID codes.  
 
3. Information referred to paragraph 1 of this Article shall be published in the 
official bulletin, where is also published any change related to the registering 
process of the chances related to a registered trademark.  
 
 
Article 28  
Information containing in the trademark’s registration certificate  
 
The trademark’s registration certificate must contain the following information:  
 
1. The application and registration number of the trademark;   
2. The application and registration date of the trademark;   
3. Name and address of the applicant for the trademark;  
4. The name and address of the authorized representative if one has been 
designated;  
5. List of goods and/or services;  
6. Information concerning priority;  
7. Trademark’s appearance;  
8. Elements in the trademark’s appea rance which are exempted from protection;  
9. Information concerning the type of trademark (verbal trademark, figurative 
trademark, positioning trademark, pattern trademark, three -dimensional 
trademark, colour trademark or another type of trademark);  
10. Name(s) of the colours or combination of colourts of a registered trademark;  11. Indicator determining the category of the trademark that is required to be 
registered: individual trademark, collective trademark or certification 
trademark;  
12. Date of publication of the registration in the official bulletin;  
13. Date of termination of protection;  
 
 
CHAPTER V  
OBJECTION FOR THE REGISTRATION OF A TRADEMARK  
 
Article 29  
Submission of objection for the registration of the trademark  
 
1. The request for the objection of registration of a published trademark at the 
Refusal Review Chamber shall be deposited within the three -month period from 
the date of publication of the application in the official bulletin. The request 
may be presented by the persons provided for in point 1 of Article 152 of the 
Law.   
 
2. For any objection of the registration of a published trademark, a special 
objection must be deposited at the Bureau, in two identical copies.  
 
3. Request on the refusal of a published trademar k registration to the Refusal 
Review Chamber contains:  
 
3.1. Form for the request on the refusal of a published trademark registration 
to the Refusal Review Chamber contains, attached to this regulation, with 
the following information:  
 
3.1.1.  The application number for the registration of the trademark for 
which the objection has been deposited;  
3.1.2.  The name and address of the applicant against whom the request 
for objection has been deposited;  
3.1.3.  The name and address of the opponent, in accordance w ith article 
62 of this regulation;    
3.1.4.  The name and address of the authorized representative if the 
opponent has designated one, in accordance with article 62 of this 
regulation;    
3.1.5.  List of goods and/or services for which the registration for 
objection is d eposited;  3.1.6.  Signature of the opponent or his representative.  
 
3.2. Legal basis of the objection, based on article 143 of the Law;  
3.3. Evidence concerning the legal basis for the request for objection;  
3.4. The reasons for the request for objection;   
3.5. Payment of the defi ned fee;  
3.6. Authorization of representation if the request is deposited by the 
applicant's representative.  
  
 
Article 30  
Objection review  
 
1. The Objection Chamber shall review the objection within a period of two 
months from the date of the submission of the objection request.  
 
2. If the request for objection is not presented within the deadline provided in 
paragraph 1 of article 152 of the Law, the Objection Chamber shall reject the 
request for objection and inform the opposing party for the de cision taken.  
 
3. If the objection does not complete the requirements of article 29 of this 
Regulation, the Objection Chamber shall require the opposing party, by written 
notice, to complete the ascertained irregularities within two months from the 
date of no tification.  If the irregularities are not completed within the deadline, 
the objection shall be deemed not presented.  
 
4. When the opposing party completes the deficiencies, the Objection Chamber 
sends a copy of the objection to the opponent applicant trade mark against which 
the objection is lodged and notifies in writing the arguments and any other 
document in support his claims within two months from the date of receipt of 
the notice.  
 
5. During the review, the Objection Chamber has the right to ask the parti es, 
through a written notice, to submit additional materials and documents within a 
period of two months from the date of receipt of the notice.  
  
6. The Chamber shall decide on the objection within two months from the 
fulfilment date of the file, in accordan ce with point 4 and 5, and notify the 
parties in writing of the decision taken.  
 7. The decision of the Chamber to review the objections may be appealed to the 
Appeals Board against the payment of the defined fee within a period of one 
month from the date of receipt of the decision notice.  
 
8. When the Objection Chamber decides that the trademark can not  be registered 
for one or some of the goods and/or services for which the application for a 
trademark has been made, the application shall be refused concerning those 
goods and/or services.  
 
9. When the Objection Chamber decides to reject the objection and t he decision is 
not appealed to the Appeals Board, this decision becomes final, and a copy of 
the decision shall be deposited in the application file for the registration of the 
trademark and the examiner shall continue the procedure for its registration.  
 
10. When the Chamber decides to accept the objection and the decision is not 
appealed to the Appeals Board, this decision becomes final and a copy of the 
decision shall be deposited in the filing file for the trademark registration and 
the examiner refuses the  registration of the trademark and informs the applicant 
on the decision to refuse the registration.   This decision is published in the 
official bulletin.  
 
11. When the decision of the Objection Chamber, regarding the objection of the 
registration of a trade mark, is appealed in the Appeals Board, the decision of 
the latter is filed in the applicant's file for the trademark registration, and is also 
published in the official bulletin.  
 
12. When the decision of the Appeals Board is appealed in the court, the decis ion of 
the latter is filed in the application file for trademark registration and is also 
published in the official bulletin.  
 
  
                                             
CHAPTER VI  
RESTORIN THE RIGHT WITHIN THE DEALINE  
 
 
Article 31  
Submission of request for restoration of the right within the deadline  
 
 In accordance with the provisions of article 151/c of the Law, the applicant for a 
trademark application or his representative may request a restoration of the right 
within two months from the remo val of the cause of non -compliance with the 
deadline, but not later than one (1) year from the end of the lost term. The request 
for restoration of the right within the deadline contains:  
 
1. Application form of request for the restoration of the right wit hin the deadline, 
attached to this regulation with the following information;  
 
1.1. the application number of the trademark for which the request for 
restoration has been deposited within the deadline;  
1.2. the name and address of the applicant for the trademark for  which the 
application has been deposited for restoration within the deadline;   
1.3. the name and address of the authorized representative, if the applicant has 
appointed one, in accordance with article 62 of this Regulation;  
1.4. the causes/reasons of non -complia nce with the deadline;  
1.5. signature and/or seal of the applicant or his representative.  
 
2.  Payment of the defined fee;  
 
3.  Authorization of representation if the application is submitted by the 
representative of the applicant.  
 
 
 
 Article 32  
Review of request for restoration of the right within the deadline  
 
1.   The Bureau shall review the request for the reinstatement of the right within a 
one-month period from the date of its receipt, if it is in accordance with the 
provisions of article 151/c of the  Law and article 31 of this Regulation.  If the 
Bureau accepts the request for restoration of the right, it shall notify the 
trademark applicant in writing of the restoration of the right and the deadline 
within, it must complete the faults and publish it in the official bulletin.  The 
refusal issued by the Bureau is repealed, and the examiner continues the 
procedure in accordance with the Law.  
 
2.   When an applicant has been restored the rights regarding the trademark 
application, he cannot use his rights against a third party, which, in good faith 
has launched goods and/or services in the market under an identical or similar sign with the trademark application during the period between losing the right 
of the application and the publishing of the decision of the Bureau for the 
restoration within deadline of these rights.   
 
3.  If the request for restoration of the right is not in accordance with the provisions 
of Article 151/c of the Law and article 31 of this Regulation, the Bureau shall 
reject the reques t for restoration within the deadline and notify the applicant in 
writing.  
 
4.  The decision of the Bureau to reject the restoration within the deadline may be 
appealed to the Appeal Board within 1 month from the date of receipt of the 
decision to reject the restoration.  
 
 
 
CHAPTER VII  
CHANGES IN THE TRADEMARKS REGISTER  
 
 
Article 33  
Content of request for changes in the register    
 
1. The request for the registration of a change in the register will contain:  
  
1.1. The request form for the registration of a change in the register, attached 
to this regulation, in which the following information will be specified:  
 
1.1.1.  the application number or the registration number of the 
trademark;   
1.1.2.  the name and address of the applicant or trademark owner, as  
written in the register;   
1.1.3.  the name and address of the person depositing the application, in 
accordance with article 62 of this regulation;    
1.1.4.  the name and address of authorized representative if such one has 
been designated;    
1.1.5.  the type of the change req uested;  
1.1.6.  the change requested by the applicant or the trademark owner;  
1.1.7.  the list of goods and/or services for which a change in the register 
is required;  1.1.8.  the signature of the person submitting the request or of his 
representative;  
 
1.2. Legal document where the change is based except for cases of change of 
address of the applicant, change of the address of the trademark owner or 
change of address of the authori zed representative.  
1.3. Payment of the defined fee;  
1.4. Authorization of representation, if the applicant/owner of the trademark 
has appointed a representative.  
 
2. The provisions of this article and also of articles 34 and 35 of this regulation, 
shall also apply to the coverage of the transfer of ownership, name change, 
address of the owner or applicant of a mark, licensing, pledge, execution actions 
and any other change required to be reflected in the register.   
 
3. If the verbal element of the trademark appli ed or registered previously coincides 
with the CGM or the EOM, the trademark in question can not be transferred, 
licensed or leased by an agreement.   
 
Article 34  
Other documents concerning the request for the registration of changes in the 
register  
 
1. When the application for registration of a change in the register relates to 
several applications/registrations which have the same applicants or owners, a 
single application may be deposited provided that:  
 
1.1. The application or registration numbers of all a pplications or registrations 
have been indicated in the application;  
1.2.  In the case of the transfer of ownership of the trademark, the transfer must 
be complete for all goods or services.  
1.3.  Payment is to be made for all required changes.  
  
2. If a partial transfer of ownership is required, the bureau creates a new 
application and/or registration of the trademark which contains the goods or 
services for which the transfer is made. Where the transfer involves goods or 
services covered by a genera l term, that term should be used in all lists of goods 
and/or services to which that term is transferred, limited by appropriate 
additions in order to avoid overlapping of lists of goods and/or services.   
  3. A full copy of the initial application or regist ration documents shall be made 
part of the application or registration documents referred to in paragraph 2 of 
this article. A copy of the registration transfer request must be part of the initial 
application or registration document.  
 
4. A new application an d/or registration number will be issued for the application 
or registration of the trademark according to point 2 of this article.    
  
5. All the filled requests and paid fees concerning the application or initial 
registration of a trademark shall also be considered to have been filed and paid 
also for the applications or registrations referred to in paragraph 2 of this article 
if they cover  the goods and/or services for which the procedures have been 
initiated.  
 
6. The legal document on which the amendment according to point 1.2 of article 
33 of this regulation is based should be as follows:  
 
6.1. For the transfer of ownership as appropriate:  
 
6.1.1.  The document certifying the transfer of ownership in the form of 
an agreement signed by both parties and certified by the notary.  
 
6.1.2.  Commercial extract issued by the competent authority for 
commercial companies to be identified by the new owner of the 
tradem ark. 
 
6.1.3.  In cases when the transfer of ownership relates to the 
amendments in the legal form of the company, it will be filled the 
commercial extract issued by the competent authority for 
commercial companies to be identified by the new owner of the 
trademark . 
 
6.2. For the change of the name, as appropriate:  
 
6.2.1.  The document which verifies the change of the name;  
6.2.2.  Commercial extract issued by the competent authority for 
commercial companies where the defined change is evidenced.  
 
6.3. For the registration of the license contract:  
 6.3.1.  Agreement/contract which is signed by both parties and 
certified by the notary;  
6.3.2.  Duration of the license;  
6.3.3.  The way of using the trademark by the license;  
6.3.4.  Goods and/or services for which a license is granted;  
6.3.5.  The territory where the tradem ark will be used for which the 
license is given;  
6.3.6.  The quality of goods produced or services provided;  
6.3.7.  Obligations that the licensor places on the license for the 
implementation of the terms set out in the contract;  
6.3.8.  The type of license: exclusive or non -exclusive license.  
 
7. A registered contract license may be amended or cancelled at the request of one 
of the parties and any change shall be entered in the register. Every change 
should be accompanied by relevant evidence document.  
 
Article 35  
Other documents concerning the request for the registration of changes in the 
register  
 
1. If the request for registration of a change in the register has not been deposited 
in accordance with the law and this regulation, the Bureau will notify the person 
for compl eting the irregularities or for depositing additional documents within 2 
months from the date of notification.  
 
2. If the applicant who filed the request completes the irregularities or deposits 
additional documents within two months from the date of notification, the 
Bureau decides in relation with the request for the registration of the change.  
  
3. With the request of the applicant, the two month period may be extended up to 
two months from the payment of the defined fee for this purpose.     
 
4. If the a pplicant does not meet the irregularities or does not depose the additional 
documents, referred to in point 1 of this article within two months or within the 
extended deadline, the Bureau shall reject the request for registration of change 
in the register.    
 
 
Article 36  
Renewing the registration of a trademark   
1. The trademark registration shall be renewed with a request, after payment of the 
defined fee.  
 
2. The Bureau informs the trademark owner and  any  representative of the owner 
or any person who has a registered right concerning the trademark in 
connection with the termination of the protection at least 6 months before that 
date. Failure to comply with this obligation assumes no responsibility for the  
bureau, nor does it affect the termination of the trademark protection.  
 
3. The request for renewal for the trademark and the basic renewal fee, including 
the fees for the additional classes, must be paid and deposited within 6 (six) 
months prior to the expi ration date of the defence.  
 
4. The request for renewal of the trademark and the defined fees may be deposited 
and paid even after the term for protection has expired, but no later than six 
months from the date of termination of protection. In such a case, a n additional 
fee shall be paid.   
 
5. The request for trademark renewal shall contain:  
 
5.1. Application form for the trademark renewal, attached to this 
regulation, with the following information:  
 
5.1.1.  The application number or the registration number of the 
tradema rk which is requested to be renewed;  
5.1.2.  Name and address of the applicant for the trademark;   
5.1.3.  The name and address of authorized representative if such one 
has been designated;    
5.1.4.  The list of goods and/or services grouped under the 
Classification of Nice, on ly if the renewal is required only for a 
part of the goods and/or services;  
5.1.5.  The signature of the person submitting the request or of his 
representative.  
 
5.2. Payment of the defined fee;  
 
5.3. The authorization of representation, if the renewal is requested for a 
part of the list of goods and/or services and if the owner has appointed 
a representative.   
6. When the request is deposited and the payment is made only for certain goods 
and/or services for which the trademark has been registered, the regist ration 
will only be renewed for these goods and/or services.  
 
7. When the payment made is not sufficient to cover all the classes of goods 
and/or services for which the renewal is requested, registration will be renewed 
if it is clear which classes must be c overed.  
 
8. If it is not clear which classes cover the goods and/or services, the Bureau shall 
renew the trademark taking into account the order of classification.  
 
9. The renewal starts effects from the next day of the date when the existing 
registration ends the effects.  
 
10. The renewal must be registered in the trademark register.  
 
11. When the request for renewal has been deposited and the payment of the 
defined fee has been made within the time limits provided in point 3 and 4 of 
this article, but not all renewal requirements are completed, the Bureau notifies 
the applicant for complet ing irregularities within two months from the date of 
receipt of the notice.   This deadline may be extended by two additional months 
against the request and payment of the extension fee.  
 
12. When the request for renewal has not been deposited or has been de posited after 
the period specified in point 4 of this article or when the relevant fees have not 
been paid within the terms defined above in this article, the Bureau shall notify 
the owner of the trademark or his representative that the registration has 
completed the effects of the defence and will make the reflection of this fact 
(decision) in the trademark register.  
 
13. When the owner or his representative have not completed the irregularities 
within the deadline or they arent duly completed within the deadl ine, the 
Bureau shall notify the trademark owner or his representative, in relation with 
the decision taken, in accordance with this article.  
 
14. The Bureau shall publish any decision to accept or refuse the renewal 
application for a trademark.   
 15. When the payment is made, but the request for renewal is refused by the 
Bureau, this payment shall be reimbursed to the extent of 80% against a written 
request of the applicant or his representative.  
  
 
Article 37  
Corrections in applying or registering a trademark  
 
1. Upon request of the applicant, subject to the payment of the defined fee or at 
the initiative of the Bureau, corrections may be made to the application or 
registration in respect of the name, address of the applicant or the list of 
goods/services, in cases  where necessary for correct visible spelling errors.  
 
2. If the application or registration error is caused by the Bureau, the applicant has 
no obligation to pay the defined fee according to point 1 of this article.   
 
3. The representation (appearance)cannot be changed (corrected) unless it includes 
the name and address of the applicant. In such a case, with the applicant's 
request the appearance may be changed (corrected) but without affecting the 
essence of the appearance of the applied trademark.  
 
4. The Bure au shall review the request for correction within a month from the date 
of the deposit of the application.  
 
5. Any correction made to a published trademark application or a registered mark, 
should be published in the next official bulletin.      
 
 
 CHAPTER VI II 
PROCEEDINGS UPON THE BUREAU CONCERNING THE 
ABOLISHMENT AND DEPRECIATION OF THE TRADEMARK  
 
Article 38  
Content of the request for the repeal of the trademark  
 
1. The request for the repeal of a registered trademark in the abolishment 
/depreciation chamber,based on article 173 of the law, must be deposited as a 
separate request, in two identical copies.  
 
2. The request for trademark repeal shall contain:    
2.1.  The application form for the abolishment/depreciation of a trademark 
registered in the abolishment/depreciation chamber, attached to this 
regulation, where the following information will be specified:  
 
2.1.1.  the registration number of the trademark for w hich the repeal has 
been requested;  
2.1.2. name and address of the owner of the trademark;  
2.1.3. name and address of the person depositing the request in 
accordance with article 62 of this regulation;  
2.1.4. the name and address of the authorized represe ntative if such one 
has been designated in accordance with article 62 of this 
regulation;  
2.1.5.  list of goods and/or services for which the repeal is required;  
2.1.6. The signature of the person submitting the request or of his 
representative.   
 
2.2.  The legal basis supporting the request for the repeal of the trademark;  
2.3.  Evidence regarding the legal basis supporting the request for the repeal of 
the trademark;  
2.4.  Arguments supporting the request for the repeal;  
2.5.  Payment of the defin ed fee;  
2.6.  The authorization of representation, if the applicant has designated a 
representative.  
   
 
 Article 39  
Content of the request for the repeal of the trademark  
 
1. The request for the repeal of a registered trademark, based on article 174 of the 
law, must be deposited as a separate request, in two identical copies.    
 
2. The request for trademark repeal shall contain:  
 
2.1. The application form for the abolishment/depreciation of a trademark 
registered in the abolishment/depreciation chamber, attached to this 
regulation, where the following information will be specified:  
 
2.1.1.  the registration number of the trademark for which the repeal has 
been deposited;  2.1.2.  name and address of the owner of the trademark;  
2.1.3.  name and ad dress of the person depositing the request in 
accordance with article 62 of this regulation;    
2.1.4.  the name and address of the authorized representative if such one 
has been designated in accordance with article 62 of this 
regulation;    
2.1.5.  the list of goods or services for which a repeal is required;  
2.1.6.  The signature of the person submitting the request or of his 
representative.   
 
2.2. The legal basis supporting the request for the repeal of the trademark;  
2.3. Arguments supporting the request for the repeal of the tradema rk; 
2.4. Payment of the defined fee;  
2.5. The authorization of representation, if the applicant has designated a 
representative.  
 
 
Article 40  
Review of the request for the repeal of the trademark  
 
1. Abolishment/ Depreciation Chamber reviews the request for the repeal of the 
registered trademark within two months from the date of its deposit. In 
reviewing the request for the repeal of a registered trademark, the Chamber for 
the abolishment/ depreciatio n shall invite the parties to the extent necessary to 
deposit their claims within a period of 2 months with respect to the 
communications submitted by the other parties or issued by the  abolishment/ 
depreciation Chamber itself.  
 
2. If the abolishment/ deprec iation Chamber considers it reasonable, it may invite 
the parties to find a solution with understanding, through an agreement, which, 
if achieved, must be in writing and signed by both parties.  
 
3. When the abolishment/ depreciation Chamber decides that the t rademark shall 
be repealed for one or some of the goods and/or services for which the 
trademark has been registered, the trademark shall be repealed concerning those 
goods and/or services.  
 
4. Any decision of the abolishment/ depreciation chamber regarding a trademark, 
after becoming a final decision, is published in the official bulletin and 
registered in the trademark register.   
 
Article 41  
Review of the request for the repeal of the trademark  
 
1. Abolishment/ Depreciation Chamber reviews the request for the r epeal of the 
registered trademark within two months from the date of its deposit. In 
reviewing the request for the repeal of a registered trademark, the Chamber for 
the abolishment/ depreciation shall invite the parties to the extent necessary to 
deposit t heir claims within a period of 2 months from the day of the receipt of 
the notice, with respect to the communications submitted by the other parties or 
issued by the  abolishment/ depreciation Chamber itself.  
 
2. In the case of a claim for the repeal of a reg istered trademark, the burden of 
proof falls on the owner of the trademark for which the repeal is requested, only 
if the request for repeal is made in accordance with letter "a" of point 1 of 
Article 174, of the law, which must provide evidence of use of the trademark or 
evidence that there are reasonable grounds for not using the mark.  
 
3. When the abolishment/ depreciation Chamber decides that the trademark shall 
be repealed for one or some of the goods and/or services for which the 
trademark has been registered, the trademark shall be repealed concerning those 
goods and/or services.  
 
4. Any decision for abolishment/ depreciation chamber regarding the repeal of a 
trademark, after becoming a final decision, is published in the official bulletin 
and register ed in the trademark register.  
 
 
 
 
 
 
 
 
 
CHAPTER IX  
APPEAL  
 
Article 42  Appealing decisions   
 
1. Any decision for the repeal taken during the examination process may be 
appealed with the repeal/ depreciation Chamber, within 1 month of the receipt 
of the notice, unless otherwise provided by law or this regulation.  
 
2. Decisions that may be appealed to the Appeals Board are:  
  
2.1. Decisions taken by the Chamber to review the objections;  
2.2. Decisions taken by the Chamber for abolishment/depreciation;  
2.3. Decisions on restoration within the deadline.  
 
3. The appeal of a decision results in the suspension of further prosecution of the 
relevant proceedings.  
 
4. The above -mentioned decisions take effect as they become final.  
 
 
Article 43  
Procedures of appealing  
 
1. The appeal procedure of any decision taken by the Bureau shall be initiated by 
depositing a request for appeal to the relevant structure.  
 
2. The request for appeal in accordance with point 1 of article 42 of this regulati on 
shall contain:  
 
2.1.  The appeal form for rejection decisions in the Abolishment/ Depreciation 
Chamber attached to this Regulation, which shall specify the following 
information:  
 
2.1.1.  the name and address of the appellant, in accordance with article 
62 of this Regulation;  
2.1.2. the decision of the Bureau, in which the appeal was deposited;  
2.1.3. number of application of the trademark;  
2.1.4. an information indicating whether the decisi on of the Bureau was 
appealed partially or entirely.  
 
2.2.   Legal basis where the appeal is based;  
2.3. Arguments and./or evidence on which the appeal is based;  2.4.  Payment of the defined fee;  
2.5.  The authorization of representation, if the appeal ha s been deposited by a 
representative.  
 
3. The request for appeal, in accordance with point 2 of article 42 of this 
regulation shall contain:  
 
3.1. The application form for appeals to the Appeal Board, attached to this 
regulation, which will provide the information , as follows:  
 
3.1.1.  the name and address of the appellant, in accordance with 
article 62 of this Regulation;  
3.1.2.  the decision of the Bureau, in which the appeal was deposited;  
3.1.3.  the application or registration number of the trademark;  
3.1.4.  an information indicating whether the decision of the Bureau 
was appealed partially or entirely.  
  
3.2. arguments and/or evidence on which the appeal is based;  
3.3. Payment of the defined fee;  
3.4. The authorizat ion of representation, if the appeal has been deposited by a 
representative.  
 
4. The request for repeal shall be deposited as a separate request, in two identical 
copies.  
 
5. Any relevant structure, such as the Objection Review Chamber, the 
Abolishment/  
Depreciation Chamber and the Appeals Board, when considering a request, in 
accordance with the respective powers provided for by law and this regulation, 
shall be expressed by acceptance, partial acceptance or the dismissal of the 
request under review.   
 
6. The claim of an opposing party, not related to the subject matter of the request, 
is not reviewed by the Board of Appeals.  
 
Article 44  
                                   Review of requests from the Appeal Board  
 1. The Secretary of the Appeals Board shall, within a month from the date of the 
deposit of the request for appeal, review if it contains the documents provided 
for in paragraph 3 of  article 43 of this regulation.  
 
2. If the requests for appeal have been deposited in accordance with paragraph 3 
of article 43 of this regulation, the secretary of the Appeal Board shall send the 
opposing party a copy of the request for appeal and shall not ify the other party 
in writing to submit the arguments, and any other document, within two months 
from the date of receipt of the notice.  
 
3. If the requests for appeal is not deposited in accordance with paragraph 3 of 
article 43 of this regulation, the Sec retary of the Appeal Board shall notify by a 
written report the Appeal Board, which rejects the appeal request and notifies 
the appellant of the decision taken.  
 
4. The Secretary of the Appeal Board submits to the Appeal Board for 
consideration the request fo r appeal within 1 month from the end of the 
deadline provided for in point 2 of this article.   
 
5. The Appeal Board reviews the claims within a period of three months from the 
date of their submission to the Board.  
 
6. During the review of a request for appeal, the Appeal Board, when it considers 
it reasonable, has the right to request from the parties, through a written notice, 
to submit additional materials and documents within a reasonable period of 
time, but in any case no later than a month from the date of the receipt of the 
notice from the party.  
 
7. If the Appeal Board considers it reasonable, it may invite the parties to hearings 
and asks them to find a solution by understanding, which, if achieved, must 
materialize in a written agreement signed by b oth parties before the notary or 
before the Appeal Board.  
 
8. The Secretary of the Appeal Board notifies the parties involved in the procedure 
upon the decision of the Appeal Board, but not in any case, no later than a 
month from the date of the decision.  
 
 
Article 45  
Effect of decisions    
1. The Appeal Board's decision becomes final from the next day of the expiration 
of the deadline for appeal to the court, when none of the parties filed an appeal 
against the decision of the board.  
 
2. When the decision of the Appeal Board or the decision of the Court has become 
final, the Bureau executes the decision in accordance with the legislation in 
force.  
 
3.  In case of appeal of the decision of the Board of Appeal to the court, the 
complainant is obliged to notify GDIP within 1 month from the filing date of 
the appeal to the court, in order to avoid the execution of the decision of the 
Board of Appeal.  
 
 
CHAPTER X  
INTERNATIONAL REGISTRATIONS  
 
Article 46  
Application for international trademark registration and the review of 
application by the Bureau  
 
1.  Application for international registration of the trademark shall contain:  
 
1.1. The relevant form set by the WIPO International Bureau with the 
following specifications:  
 
1.1.1.  application or registration number i trademark on which the 
application for international registration is (hereinafter: basic 
application or registration);  
1.1.2.  the name and address of the applicant;  
1.1.3.  the name and address of authorized representative if such one has 
been designated;  
1.1.4.  the representa tion (appearance) of the trademark which must be 
deposited identical as in the application or the national 
registration.   
1.1.5.  information concerning priority if it is claimed for priority;   
1.1.6.  if the trademark registration is required in colour, an indication o f 
this fact as well as the colour names which the applicant claims as distinctive features of the trademark. The colours should be 
shown according to the provisions of the common regulation;  
1.1.7.  List of goods and/or services for which international registratio n 
is required, in the language prescribed by the common regulation. 
The list of goods and/or services may cover all goods or services 
of the base application or a part of them;  
1.1.8.  Member states of the Union of Madrid for which the extension of 
the internatio nal registration is required;  
1.1.9.  The trademark description in the international application should 
be the same as that of the basic application/registration. The 
translation of the trademark must be in one of the languages 
specified in the common regulation.   
1.1.10.  Signature of the applicant or his representative.  
 
1.2. Payments of the defined fee.  
 
2. The form under point 1.1 should be submitted in two identical copies.  
 
3. The Bureau shall examine whether the international application has been filed 
in accordance with the above mentioned rules and issues a notification for 
completing the application irregularities in case it finds a discrepancy between 
the basic application and the international application.  
 
4. The applicant should complete the  irregularities ascertained  by the Bureau 
within a months from the date of receipt of the notice.  
 
5. In case the applicant fails to comply with the application's irregularities, the 
Bureau refuses to submit the international application to the WIPO.  
 
6. The same rules shall apply even i n the case of a request for territorial 
jurisdiction of the trademark following the international application, in 
accordance with Article 3 (2) of the Madrid Protocol. The request for territorial 
jurisdiction following the international application can be deposited through the 
mediation of the Bureau.  
 
 
Article 47  
Request for registration of changes in the international register  
 
1. Request for registration of changes in the international register must contain:   
1.1. The relevant form set by the WIPO International Bureau;  
1.2. Document confirming the respective change in the register;  
1.3. Payments of the defined fee.  
 
2. The form under point 1.1 should be submitted in two identical copies.  
 
3. The application for registration of changes to the international registra tion shall 
be examined by the office, in accordance with the rules laid down in the Madrid 
Agreement and / or the Madrid Protocol.  
  
 
 
 Article 48  
Transformation of an international trademark into a national trademark 
application  
 
 
1. The request for the transformation of an international application into a national 
registration application must be deposited within three months of the date on 
which the international registration has been cancelled and must be 
accompanied by the following documents:  
 
1.1. Form f or the transformation of an international trademark into a national 
application;  
1.2. Document certifying that the international application has been cancelled 
by WIPO, based on the request of the office of origin. This document 
must be deposited translated in the Albanian language;  
1.3. Authorization of representation, if the objection is filed by the 
representative;  
1.4. Payment of the defined fee;  
 
2. Requests for the transformation of an international application into a national 
registration application wil l be subject to the same examination procedures as a 
national application.  
  
3. If during the examination for formalities the Bureau notes that the request for 
transformation has not been deposited within three months according to point 1 
of this article, or the goods and/or services for which the trademark must be 
registered do not contain the list of goods and/or services for which the international registration was registered, the Bureau shall notify the applicant of 
the deficiency within three months from the date of receipt of the notification.  
 
4. If the defaults referred to in paragraph 3 of this article are not completed within 
the deadline set by the bureau, the right to the date of international registration 
or territorial scope , and the priority right if claimed to be a priority shall be 
lost. If the transformation request is rejected by the Bureau, the application shall 
be examined as a regular national application.  
 
 
 
CHAPTER XI  
COLLECTIVE TRADEMARKS  
 
                                                          Article 49  
                                            Regulations of use    
 
 
1.  The applicant of a collective trademark must deposit the collective use 
regulation within three months from the dat e of the deposit.  
  
2.  The regulation of usage must contain:  
 
2.1.  the persons authorized to use the trademark,  
2.2.   terms of membership in the organization,  
2.3.  terms of use of the trademark where possible,  
2.4.  sanctions.  
 
3. The trademark use regulation should authorize any person whose goods or 
services originate in the relevant geographic area to become a member of the 
organization that owns the trademark.  
 
4. The use of a collective trademark by any person entitled to use it shall comply 
with the requirements of the law and this regulation, provided that other 
requirements provided by law and this regulation apply to the use of the 
trademarks.   
 
 
Article 50  
Refusal of the application     
1. Except bases for refusal of a trademark  application under articles 142 and 143 
of the law, the application for a collective trademark shall be refused where the 
conditions laid down in article 165 of the law and article 49 of this regulation 
are not completed or when the regulation of use is in  opposition to public policy 
or the principles of morality.  
  
2. The application for a collective trademark will also be rejected if there is a 
possibility that the public misrepresents the trademark's character or 
significance, especially if there is a poss ibility to be understood as different 
from a collective trademark.  
 
3. The application shall not be refused if the applicant as a result of changes in the 
use regulation shall comply with the requirements of paragraphs 1 h 2.  
 
Article 51  
Amendments in the r egulation concerning the use of collective trademarks  
  
1. The owner of a collective trademark must deposit with the bureau any change to 
the trademark's usage regulation.  
 
2.   Amendments shall not be reflected in the register if they do not comply the 
requirements in article 49 of this regulation or contain any  of the grounds for 
refusal provided for in article 50 of this regulation.  
 
3.  For the purpose of applying this regulation, amendments to the usage regulation 
shall begin with the effects from the date of their registration in the register.  
 
4. The form o f application for amendment in the register of the collective use 
regulation and the procedures for reviewing these requests by the bureau shall 
be in accordance with articles 33 and 35 of this regulation.  
 
 
 
CHAPTER XII  
CERTIFIED TRADEMARKS  
 
Article 52  
Regulation of use of the certified trademarks  
 1. The applicant of a certified trademark must deposit a regulation providing for 
the use of the trademark within three months from the date of deposit.  
 
2. The regulation should specify the authorized persons to use  the trademark, the 
features to be certified by the trademark, how these features shall be tested by 
the certification authority and overseeing the use of the trademark.   
 
3. The regulation should provide for the terms of use of the trademark, including 
sanctions.    
 
 
Article 53  
Refusal of the application  
 
1. Except bases for refusal of a trademark application under articles 141 and 142 
of the law,  the application for the regi stration of a certified trademark shall be 
refused where the conditions located in article 166 of the law and article 52 of 
this regulation are not completed or when the related regulation with the use of 
a trademark is in objection of moral principles or public order.  
 
2. An application for a certified trademark also shall be refused if the public can 
be disturbed about the trademark's character or importance, especially if it can 
be interpreted as something other than a certified trademark.   
 
3.  The applic ation shall not be rejected if the applicant changes the trademark’s 
use regulation by completing the requirements of paragraphs 1 and 2.   
 
 
Article 54  
Use of the certified trademark  
 
The use of a certified trademark by any person who is entitled to use it in 
accordance with the regulation referred to in article 52 of this regulation shall 
comply with the requirements of the law and this regulation, provided that the 
other requirements provided by law are fulfilled and this regulation regarding the 
use of  trademarks.   
 
Article 55  
Amendments to the use of certified trademarks regulation  
  1. The owner of the certified trademark must deposit with the bureau any 
amendment in the use of the trademark.  
  
2. Amendments shall not be reflected in the register unless they complete the 
requirements of article 52 of this regulation or contain any of the bases for 
refusal referred in article 53 of this regulation.   
 
3. For the purpose of this regulation, amendments to the use regulation shall begin 
with the effects from the date of registration of these amendments in the 
register.  
 
4. A certified trademark may be transferred only to persons who completes the 
criteria of article 166 of the law.  
 
 
Article 56  
Bases for abolishment  
 
Except reasons for repeals provided for in article 173 of the law, the rights of the 
owner of the certified trade mark shall be abolished through a request to the 
Bureau when any of the following conditions are completed:  
 
1. The owner no longer completes the requirements of article 166 of the law;  
 
2. the owner fails to take reasonable measures to prevent the use of the certified 
trademark in a method in objection to the terms and conditions prescribed in the 
regulation of use, its amendments which are reflected in the register;  
 
3. the method of using th e certified trademark from the owner has led to 
misleading the public;  
 
4. amendments to the regulation of use that are registered in the register in 
objection of article 55 of this regulation unless the owner of the trademark 
further amending the usage regul ation completes the requirements of the above -
mentioned article.  
 
Article 57  
Bases for depreciation  
 Except bases for the depreciation of the trademark provided for in article 174 of 
the law, a registered certified trademark shall be depreciated by a req uest addressed 
to the Bureau, unless the owner of the certified trademark changes the use of the 
order to comply with the requirements of Article 53 of this regulation.  
 
 
 
CHAPTER XIII  
 CRITERIA RELATED TO WELL -KNOWN TRADEMARKS  
 
Article 58  
Criteria to Wel l-Known Trademarks  
 
1. The competent authority in the determination of well -known trademarks will 
refer to the joint recommendation on the provisions for the protection of well -
known trademarks adopted by the Paris Union for the Protection of Industrial 
Property and the General Assembly of the World Intellectual Property 
Organization.  
 
2. To determine whether a trademark is well -known, the competent authority shall 
take into account the information submitted in relation to the criteria and 
circumstances under which it may result in  a brand being or not well known, 
including but not limited to the following criteria:  
 
2.1.  The degree of recognition or the recognition of the trademark in the 
relevant public sector;  
2.2.  Duration, scope and geographical area for the use of the tradem ark; 
2.3.   the duration, scope and geographic area of the trademark’s promotion, 
including advertising or publicity and presentation, in fairs or exhibitions, 
of the goods and/or services for which the trademarks are applied;  
2.4.  the duration and geogra phical area of each registration, and/or any 
application for the registration of the trademark, to the extent that they 
reflect the use or recognition of the trademark;  
2.5.  the information relating to the successful implementation of trademark 
rights, an d, in particular, the degree to which the trademark is recognized 
as being well -known by the competent authorities;  
3.6    Value relating the trademark.  
 
3. The above criteria serve as a guide to assist the competent authority to 
determine whether a trademark  is well -known, but are not preconditions for achieving this designation. However, determining whether a trademark is well -
known or not will depend on the specific circumstances of each case. In some 
cases, you may need all of the above criteria taken toge ther to make such a 
determination, in some other cases only a few of these criteria may suffice. In 
other specific cases, other additional criteria that are not listed above may be 
considered.  
 
 
Article 59  
Relevant public sector  
 
1. Relevant public sector shall include but shall not be limited to, the following:  
 
1.1. Relevant and/or potential customers who actually buy or use or will 
buy or will use goods or services in the future;  
1.2. People involved in distribution channels of goods and/or services for 
which trademarks are protected;  
1.3. Business circles or networks that are related to the goods and/ or 
services for which the trademark is protected.  
 
2. When a trademark is determined as well -known by at least one relevant public 
sector, the trademark can be consid ered to be a well -known trademark.  
 
3. When a trademark is determined as well -known by at least one relevant public 
sector, the trademark can be considered to be a well -known trademark.  
 
4. A well -known trademark shall be considered as such even if it is not det ermined 
as well -known or known in any relevant public sector.  
 
 
Article 60  
Factors excluded from determining well -known trademarks  
  
1. The competent authority shall not require as a condition to determine whether a 
trademark is well -known, the following:  
 
1.1. that the trademark has been used, or that the trademark has been 
registered or that an application for registration of the trademark has been 
deposited in the country;  
 1.2. the trademark is well -known or that the trademark has been registered or 
that the appli cation for registration of the trademark has been deposited 
in another jurisdiction other than that of the country;  
 
1.3. the trademark is well -known by the general public in the country.  
 
2.  For the purposes of implementing paragraph 3 of Article 59 of this R egulation, 
the competent authority may require that the trademark be well -known in one or 
more jurisdictions other than that of the country.  
 
 
CHAPTER XIV  
AVAILABLE INFORMATION FOR THE PUBLIC AND OTHER 
AUTHORITIES  
 
Article 61  
File Inspection  
 
1. The file that belongs to an unpublished trademark registration application can 
not be inspected without the consent of the applicant.  
 
2. Any person who can certify that the applicant of a trademark has stated that after 
the registration of the trademark h e shall claim the rights deriving from its 
registration against the person himself, may request the file inspection prior to 
the publication of the application and without the applicant's knowledge  
 
3. Following the publication of the application for trade mark registration, the file 
relevant to this application and the resulting trademark may be inspected upon 
the filing of a written request and payment of the defined fee.  
 
4.  When the files are inspected under paragraph 2 or 3 of this article, documents 
relating to the exclusion or the request for the exclusion of a member of the 
Chamber of Objections or the Abolishment/ Depreciation Chamber or the 
Board of Appeal, because of the existence of the conflict of interest, drafts 
decisions and opinions as well as all internal documents used for the 
preparation of decisions and opinions, as well as the parts of the file for which 
the interested party shows a special interest in maintaining confidentiality 
before the request for inspection of the file has been sub mitted, shall be 
prohibited for inspection unless the inspection of such documents of the file is justified by a legitimate and essential interest of the party requesting the 
inspection.  
 
5.  Inspecting application files for trademark registration and/or r egistered 
trademarks shall be performed on original documents, copies thereof or other 
technical means of storage.  
  
6.  File inspection should take place in the Bureau’s area. Based on a written 
request, the file inspection may be accompanied by the issua nce of copies of the 
file documents. Issuance of these copies is conditional upon payment of a 
duplicate fee. The Bureau must also issue, on the basis of a written request and 
after payment of the duplicate fee, certified or not certified copies of the 
application for the trademark.  
 
7.  When the files are inspected under paragraph 6 of this article, the file inspection 
shall be deemed to be unpublished until payment of the relevant fee is made.  
 
8.  Documents held by the Bureau in connection with internati onal registrations 
may be inspected, in basis of a written request, starting from the date of the 
publication of the international application, in accordance with paragraphs 1, 3 
and 4 of this article.  
 
9.  In accordance with the limitations set out in pa ragraph 4 of this article, and also 
on the basis of a written request, the Bureau may communicate information 
from any file belonging to an application for trademark registration or a 
registered trademark, after payment of the investigation fee.  
 
 
 
CHAPTE R XV  
GENERAL REQUESTS  
  
 
Article 62  
Name and address     
 
1. In the communications deposited before the Bureau, the name and address of 
the applicant, shall be shown in the following method:   
 1.1. If the opposing applicant or the person submitting the request is a natural 
person: name, surname, address, city, state.  
1.2. If the opposing applicant or i submitting the application is a legal person: 
company name, address, city, state.    
 
2. In the communications deposited with the Bureau the name and address of the 
authorized representative must be shown in the following method:  name, 
surname, address, city, state and/or the code of the representative.  
 
3. When an application has been deposited by several applicants, correspondence 
regarding the application will be sent to the addresses of each applicant, unless 
they have appointed an authorized representative.    
 
4. The applicant may declare other contact modes such as phone number, fax, e -
mail address, etc.   
 
5. The provisions of this article, and also of articles 63 and 64 of this regulation 
shall also apply to correspondence with the Objection Review Chamber, 
Abolishment/ Depreciation Chamber and the Appeal Board.  
  
6. In all trademark forms the following text will be provided:  
 
"I, the undersigned __________________, acknowledge that the GDIP may 
contact me through the following communication tools on issues related to 
the procedures provided in law no.9947, dated 7.7.2008,"On Industrial 
Property", as amended, and by -laws for its implementation through:  
 
  Electronic mail ( e-mail), in the following address:_______________;  
  Communication (SMS, phone call) in the following phone number: 
_________________;  
  fax, in the following number: __________________________;  
 
GDIP announces that recording the above contact data is voluntary.  
GDIP shall retain this information (hereinafter referred to as "personal data") 
that the applicant and/ or the authorized person (hereinafter referred to as 
"the subject") have entered in this application form.  
Personal data will be processed and used by GDIP, in the capacity of the 
Controller, or by third parties designated by GDIP, as the processor, 
exclusively to communicate with the subject, regarding the procedures 
related to this app lication.  Personal data will not be passed to a third party without prior consent of the 
subject and will not be subject to international transfer. In addition, GDIP 
may occasionally use personal data to contact the subject and to send 
information that ma y be of interest to him/ her such as: notifications, events 
and/ or legal developments in the scope of the GDIP activity.  
GDIP will stop sending this information if the subject expressly notifies 
GDIP in writing that he/ she does not wish to be further co ntacted to receive 
such information.  
The subject has the right to request the information, correction or updating/ 
cancellation of personal data that GDIP has stored in the database, and to 
request to exercise any other right recognized by law no. 9887, da ted 
10.3.2008, "On Personal Data Protection", as amended.  
 
Date: _____._____.________        
__________________________________ (name, surname, signature)  
 
Through this special signature, the Signatory gives consent to GDIP to 
maintain, process and use personal data of the subject, in accordance with 
the above conditions. Through this special signature, the Signatory also 
declares under his/ her responsibilit y that the contact details as above are his 
or her personal data or of a third person who has authorized the Signatory to 
perform such actions.”  
 
7. In all trademark forms that will be deposited in the office shall be placed the 
office address and logos.  
 
 
Article 63  
Other requests for correspondence      
 
1. The bureau will only accept handwritten signatures on documents deposited 
with the Bureau.  
 
2. If a communication with the Bureau contains several documents that relate to 
some applications, then in each document should be written the application 
number with which the document is attached.   
 
 
Article 64  
Deposit of documents     
1. Correspondence with the Bureau shall be done manually or by mail.   
 
2. The request or any other type of document deposited in GDIP shall be in 
written and translated into Albanian.  
 
Article 65  
Authorization of representation    
 
1. Authorization of representation; must contain:  
 
1.1. the applicant's signature as certified by the notary, when the applicant is a 
foreign natural person;  
1.2. signature and seal of the applicant, or signature certified by a notary 
when the applicant is an Albanian or foreign legal person.  
 
2. If the repre sentation authorization is not in accordance with the provided rules 
in this regulation, the Bureau shall notify the person who filed the application 
to complete the irregularities within 3 months from the day of receipt of the 
notice.   
 
3. If the person who has filed the authorization of representation does not 
complete the irregularities within the deadline specified in the notice of the 
Bureau under point 2 of this article, the Bureau shall refuse the application.   
 
4. The GDIP registers in the trademark regi ster, an authorized representative in 
relation to a trademark when the representatives are given with an authorization 
the right to follow the procedures and perform the actions provided for in the 
law and regulation regarding the trademark.  
 
5. For actions and on following procedures related to a trademark, the registered 
representative, according to the previous paragraph, does not need to file the 
original authorization, but a photocopy of it.  
 
6. When the applicant or the owner of a trademark revokes  or changes the 
authorization of representation, he must file to the GDIP the request for 
revocation or modification of the authorization as well as for the appointment of 
the new representative.  The application is registered in the trademark register, 
according to the provisions of point 4 of this article.  
 Article 66  
  Examination of facts  
 
1.  When pursuing procedures related to absolute causes, the Bureau examines the 
facts at its own initiative.  
 
2. When pursuing procedures related to relative causes, the Bureau reviews a 
request for trademark objection, being limited only at examining the facts, 
evidence and arguments submitted by the parties in relation with this request, 
according to article 43 of this regulation.  
 
3. When pursuing procedures of abolishment/ depreciation, pursuant to article 174 
of the law, the Bureau should limit the examination to the bases and arguments 
put forward by the parties, pursuant to article 43 of this regulation.  
 
4. The Bureau shall not take into account the facts or evidence that have not been 
deposited in due time, and those which are not related to the case.  
 
 
Article 67  
  Hearings  
 
When considered necessary, the Bureau or the Appeal Board shall hold hearings, 
and invi te parties to attend hearings.  
  
Article 68  
Evidence taking     
 
Obtaining and production of evidence from the Bureau and Appeal Board consists 
of: 
 
1. Listening to the parties;  
2. Requesting the parties for extra information;  
3. Depositing documents and evidence;  
4. Listening to other people, when deemed necessary by the Bureau, Appeal Board 
or by request of the parties.  
  
Article 69  
Notification and delivery of documents  
 1. The date of notification of a document shall be deemed to be the date of receipt 
of the notification by the applicant or his representative. The notice deadlines 
will be calculated starting from the day following the receipt of the notice.  
 
2. Any notification sent to the representative will have the same effect as being 
sent to t he person represented.  
 
3. Any communication addressed to the Bureau by a representative shall be 
deemed to have been sent by the person represented.   
 
4.   If an authorized representative is assigned, the Bureau will submit all the 
notices to the latter.  
 
Article 70  
Entry into force  
 
This Regulation enters into force upon its publication in the “Official Gazette”.  
 