Unión Europea
Albania
Marcas de fábrica o de comercio
10. Please confirm whether or not services are a protectable subject matter in your trademark law. Please confirm if signs, such as trade names, are protectable. Please describe if elements such as sound, perfumes and containers are protectable.
According to Article 73, paragraph 1 of the law any sign or any combination of signs capable of distinguishing the goods or services of one natural or legal person from those of another natural or legal person and of being represented graphically may serve as a mark for goods or a mark for services. In compliance with this paragraph, trade names are considered as signs and can be protected. And, as it is stated in Article 8 of Paris Convention, the Albanian Law on Industrial Property includes no provision that obliges the registration or the depositing of a trade name. Article 18 of the Law "On the Provisions that Regulate the First Part of the Commercial Code" sets forth that within one month from the day of the beginning of a commercial activity, the tradesman should announce his name and deposit his original signature at the court appointed to keep the commercial register. According to Article 73, paragraph 3 and 4, sounds and containers are also protectable (see the answer of question 1).