Trademark Oppositions in Albania
Oppositions in national trademark registration procedure in Albania
Trademark opposition in Albania filing deadlines
A trademark opposition can be filed for a national or an international trademark, the only difference between those two being the filing term.
According to the national jurisdiction, the term of opposition for a national trademark application is of three months from the publication date in the local gazette, not extendable.
For an international trademark application, the term for an opposition to an International Registration is of three months starting with the first day of the month after the publication in the WIPO gazette.
Trademark opposition requirements in Albania
During the opposition procedure, the opponent must be represented by a local authorized representative.
All the required documents need certified Albanian translation.
The opponent must complete the opposition application form and also pay the official costs.
If the opposition is incomplete, there is a period of 30 days from the notification form of missing information when opponent can file the missing documents, but he cannot add more grounds of opposition.
Trademark opposition grounds in Albania
A trademark opposition can be filed against all or to just a part of the goods/services of a trademark’s application and also against a collective trademarks.
The trademark opposition can be filed claiming relative grounds, prior trademarks and trademark registration requests, prior copyright or design rights, under Art. 6 of the Paris Convention, including prior notorious or well-known marks, prior registered company name (local or foreign).
The grounds and procedure of trademark opposition in case of international trademarks are the same as in case of national trademark oppositions.
Oppositions and Examination procedures in Albania
After the publication for opposition, the patent office will start the examination on absolute grounds, which mean that it will check the fulfillment of the main conditions of registration, for example it will check its originality – distinctiveness, lack of descriptive character, the trademark should not induce wrong perception to the customers related to the origin of the product to which the trademark will be applied or its composition, properties, the trademark should not contain state emblems or the ones of public organizations, official hallmarks, etc.
Alternatives to trademark opposition procedure in Albania
In some cases, alternatives to trademark oppositions may be the cancellation, revocation or invalidation procedures. These procedures may be based on absolute grounds, on non-use or on bad faith registration or on relative grounds – prior similar or identical industrial property rights: trademarks, copyrights, design rights, company names, notorious or well-known mark. A limitation of goods/services may be a solution in some cases of trademark oppositions.
Unlike the trademark opposition, in the cancellation procedure the absolute grounds can be .The cancellation application is filled before the court (Court of Tirana).
The cancellation procedure for non-use of the trademark, can be filed after five years from the trademark acceptance of registration or after five years calculated from the last use of the trademark.
However, we recommend the trademark opposition procedure as a trademark cancellation action usually last much more.
Trademark opposition parties in Albania
In order to file an opposition, the opponent may be either a a natural or legal person which has a legal personal interest and may prove prior industrial property protected rights which may be opposed to the national or international application.
If the opposition is based on a prior protected industrial right, the opponent doesn’t have to provide proofs of the trademark use.
Post – Filing procedure in Albania
After a trademark opposition was filed, there is a 1 month term for answering to the opposition, calculated from the notification date.
After filing the reply, the Board of Appeals may ask any party to submit additional proofs to sustain the case.
Appeal of the trademark opposition procedure in Albania
Within 30 days from the notification of the opposition decision can be appealed.
The decision in the appeal procedure may be contested in the court, in three degrees of jurisdiction: in the Court of Tirana, and then in the Court of Appeals and, finally, in the Supreme Court of Albania.
Oppositions in the international trademark registration procedure having Albania as designated country
Trademark opposition filing deadlines
The non-extendable deadline to file an opposition to an international trademark registration procedure having Albania as designated country is of 3 months, calculated from the first day of the month after the publication in the WIPO gazette.
If you face a trademark opposition in Albania, please contact us on email@example.com.
Other services available in Albania:
Trademark Search in Albania
Patent Annuity Payments in Albania