New Law on Trademarks enters into force in Albania

Albania has adopted a significant reform in the field of industrial property with the new, stand-alone Law on Trademarks, which entered into force on 16 August 2025. Previously, trademarks were regulated under Part IV of Law No. 9947 on Industrial Property, alongside patents, industrial designs, and other industrial property rights. The new law detaches and replaces the trademark regulation entirely, creating a self-contained framework. It restructures the trademark system, brings it in line with EU standards, and introduces substantive and procedural innovations that will reshape trademark practice in Albania. Notably, the new law aligns national legislation with EU Regulation 2017/1001 on trademarks, Directive (EU) 2015/2436 on the harmonization of trademark laws across Member States, and Directive 2004/48/EC on the enforcement of intellectual property rights.

Reorganization and clarity

Aside from reorganizing, the new law provides a detailed approach to each of the previous sections contained in Law no. 9947. For example, it clarifies and re-orders the absolute and relative grounds for refusal of trademark registration. Now, the absolute grounds explicitly include traditional wine terms, guaranteed traditional specialties, and trademarks that consist of, or reproduce in their essential elements, plant variety denominations protected under Albanian legislation or relevant international agreements. This reinforces the protection of agricultural products, wines, and plant varieties in Albania.

In the area of trademark transactions, the law explicitly regulates the procedure for registration of ownership transfers in the official trademark register, which was not clearly set out in the previous legislation. It also replaces the old provision on pledges with a broader framework covering all real rights in trademarks, which may exist independently from the commercial entity that owns the mark. Article 24 sets out detailed procedures, deadlines, and conditions for registering these rights and their transfers, while preserving the requirement for publication in the DPPI bulletin.

The new law further introduces a comprehensive, uniform framework for recording all relevant rights, enforcement measures, and contractual agreements in the official register of the DPPI, with clear procedural safeguards and deadlines. Articles 25 and 28 update and expand the registration of enforcement actions and licensing agreements, Article 26 introduces the registration of information on insolvency proceedings, and Article 29 establishes the procedure for revocation or modification of licenses and other rights in the register. This shifts the previous fragmented approach to a standardized system, increasing transparency and legal certainty for third parties.

Enhanced protection of trademark owners

Measures that can be taken by previous right holders have also been strengthened. Under Article 10(4), trademark owners can now prohibit the bringing of goods into Albania during the course of trade, even if the goods are not intended for sale in Albania, when they come from third countries and bear an identical or essentially indistinguishable mark without authorization. This right ceases only if the holder of the goods proves that the trademark owner cannot prohibit their placement on the market in the final destination country. This novelty brings Albanian law in line with EU anti-counterfeiting policy, enabling trademark owners to prevent counterfeit goods transit through Albania. Furthermore, Article 11 provides for trademark owners to stop preparatory acts involving packaging, labels, or authenticity devices if these could be used for infringing goods or services. This empowers rights holders to intervene earlier in the counterfeiting chain, targeting suppliers of infringing materials before the goods are completed or marketed.

Alignment with international standards, the Madrid System and WIPO

A major innovation is the detailed procedural framework for the international registration of trademarks under the Madrid System, which connects directly to Albania’s alignment with international and EU trademark practice. The new law regulates both outbound applications—filed in Albania for protection abroad—and inbound international registrations designating Albania. It sets clear timelines, defines the division of responsibilities between the DPPI and the World Intellectual Property Organization (WIPO), and provides procedures for refusals, oppositions, and extensions of protection. By doing so, it ensures Albanian trademark holders can secure cross-border protection efficiently, while foreign rights holders have clarity on how their marks will be examined and enforced in Albania.

Overall, the new law represents a comprehensive overhaul of Albania’s trademark framework, bringing it into closer harmony with European standards, reinforcing and improving existing mechanisms, and providing modern, transparent procedures for both domestic and international trademark protection.