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Trademarks
Patents
Industrial Designs
1. Conventions:
- Paris Convention
- Madrid Agreement
- PCT Convention
2. Law on Industrial Property valid as of April 27, 1994
Trademarks
Filing the Application – Requirements:
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- Name and address of the Applicant
- Representation of the Mark
- List of goods and services according to Nice Classification
8th edition (Classes 1-45)
- Priority date, country and number and the original Priority
document which can be submitted subsequently within two months
as from the receipt of the official invitation
- Power of Attorney simply signed by the Applicant. PoA can be
submitted subsequently within two months as from the receipt of
the official invitation
Registration Procedure:
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- The Application is filed and examined with the Directorate
for Patents and Trademarks (Office)
- The Office examines all grounds for refusal
- The registration procedure takes approximately one year as from
the application date. The Decisions on grant are published. The
Decisions on refusal can be appealed within two months as from
the receipt of the notification of refusal.
- Upon payment of ten years protection fees,
the Trademark is valid for 10 years as from the application date
- Upon payment of renewal fees, the Trademark will be extended
for a further 10 years. The renewal fees can be paid during the last
year of the previous ten years protection period or up to six months after
the expiration date with a fine of 50% of the renewal fees.
Recording changes in the Register:
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1. Assignment of rights
Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee and
notarized by Notary Public or legalized by the Apostille.
Requirements:
- Power of Attorney indicating the new name, simply signed by
a representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change
of name
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change
of name
Patents
Filing a Conventional Application
– Requirements
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- Name and address of the Applicant
- Names and addresses of the Inventors
- Priority date, country and number
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- The document showing the assignment of rights from the Inventors
in favor of the Applicant, simply signed by the Inventors –
can be submitted subsequently, within two months as from the receipt
of the official invitation
- Power of Attorney simply signed by the Applicant – can
be submitted subsequently, within two months as from the receipt
of the official invitation
- Priority document – can be submitted subsequently, within
two months as from the receipt of the official invitation
- The Application is to be filed within one year as from the priority
date
- Translation of description, claims and abstract into local language,
can be filed subsequently
Filing a National Phase of PCT Application –
Requirements [ top
]
- Name and address of the Applicant
- Names and addresses of the Inventors
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- Priority date, country and number
- International Search report
- International Preliminary Examination Report
- PCT Request
- PCT Publication page
- The document showing the assignment of rights from the Inventors
in favor of the Applicant, simply signed by the Inventors –
can be submitted within two months as from the receipt of the
official invitation
- Power of Attorney simply signed by the Applicant – can
be submitted within two months as from the receipt of the official
invitation
- Translation of description, claims and abstract into local language,
can be filed subsequently.
Time limits for filing a National phase of PCT Application
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- The Application is to be filed with the Office
within 30 months as from the Priority Application date.
Registration Procedure
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- The Office is publishing the Patent Application
within 18 months as from the Application date or the priority date
if the priority has been claimed. Upon publication of Patent Application,
the Decision on grant is to be issued and the publication date shall
be considered as grant date
- The interested parties can file an objection to the issuance of
the Decision on grant with the Board of Appeal of the Directorate
for Patents and Trademarks within nine months as from the issuance
of the Decision on grant.
- Response to the objections can be filed by the Applicant within
three months. This term can be extended for an additional month
Extension of the European Patent – requirements
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- the extension of the European Patent can be claimed
within three months as from the date of publication of grant of
the European Patent
- Albanian translation of Patent Claims should be submitted to the
Office along with the claim for extension of the European Patent
- 20 years as from the application date for
conventional Patents
- 20 years as from the International filing date for the National
phase of PCT patents
- 20 years as from the date of filing the European Patent Application
for the EP
- petty patent is valid 10 years as from the application
date
- protection fees are to be paid annually, prior to expiration
of the year for which the protection fees have been paid or six
months after expiration of the protection period at the latest
with, 50% fine
- duration of patent for the inventions that have to do with pharmaceutical
products may be extended for an additional time period of up to
five years
Recording changes in the Register:
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1. Assignment of rights
Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee and
notarized by Notary Public
Requirements:
- Power of Attorney indicating the new name, simply signed by
a representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change
of name
3. Change of address
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change
of name
Industrial Design
Filing the Application – Requirements
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- name and address of the Applicant
- name and address of the author or notice that the author chooses
not to be mentioned in the application
- information regarding the number of external shapes the protection
is requested for
- full and short title of the industrial design
- a two-dimensional presentation of the shape being the subject
of protection (photograph or a graphic presentation of the product
the protection is requested for)
- a sample of the product in which the design is proposed to the
included
- Power of Attorney simply signed by the Applicant – can
be submitted subsequently, within two months as from the receipt
of the official invitation
Registration Procedure
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- If all the requirements are met, the Directorate for Patents
and Trademarks will issue the Decision on grant of Industrial
Design, and the Decision is to be published in the Official gazette
- Maximum 15 years as from the Application date. The Industrial
Design is renewable each five years
Recording changes in the Register:
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Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee and
notarized by Notary Public
Requirements:
- Power of Attorney indicating the new name, simply signed by
a representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change
of name
Requirements:
- Power of Attorney indicating the new address, simply signed
by a representative of the Company
a) Extract from the Company Registers showing the change
of name or
b) Statement of the Secretary of State showing the change
of name
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