What is a trademark and what does it protect?

Every business, large or small, has something its customers recognise it by: a name, a logo, a colour or packaging that sets it apart on the shelf or online. When this sign is registered with the trademark office, it becomes a trademark protected by law. In this article we explain in plain words what a trademark is, what can be registered as a trademark, what is not accepted and what rights the owner gains.

The definition: a sign that distinguishes

Under the new Albanian trademark law, which entered into force on 16 August 2025, a trademark can be any sign – words, names, letters, numbers, figures, colours, shapes and now also sounds or movements – that is capable of distinguishing the goods or services of one undertaking from those of another and that can be clearly represented in the register.

The two key words are sign and distinction. A trademark does not protect a product, an idea or a recipe. It protects the sign by which the buyer understands that the product or service comes from you and not from someone else.

What a trademark does

It shows the origin

When customers see your name or logo, they expect the same quality they have known before. The trademark is the guarantee that they are buying from the same source.

It protects the reputation

Years of work, advertising and customers' trust are tied to the sign. Without protection, a competitor can profit from this reputation by using an identical or very similar name.

It is a valuable asset

A registered trademark can be sold (transfer of ownership), licensed, used as security or contributed as value to an investment. These transactions are recorded with the office, so it is important that the trademark is registered in the right name.

The main types of trademarks

Most trademarks are names or logos, but there are other forms too:

• Word mark – the text only, without graphic elements.
• Figurative mark – a logo, a symbol or a drawing.
• Combined mark – text accompanied by graphic elements, e.g. the name in a distinctive lettering inside a logo.
• Shape or three-dimensional mark – the shape of the product or of the packaging.
• Colour, pattern or position mark – a specific colour, a repeating pattern or an element always placed in the same spot.
• Sound and motion marks – a sound or an animation, which the new law expressly mentions.

Which type you choose depends on how you use the sign on the market. We explain the differences in detail in the article Word, figurative or combined mark?

What cannot be registered

The law sets out a number of absolute grounds for refusal, which apply whether or not another similar trademark exists. Signs are not registered if they:

• lack distinctiveness, for example an entirely generic slogan;
• are descriptive, i.e. they simply indicate the kind or quality of the product – “Fresh Bread” for bread belongs to no one;
• are generic, i.e. the common name of the product – “Apple” for apples;
• are deceptive – “100% Orange Juice” for a drink that contains no orange;
• are contrary to public policy or to morality;
• contain state or official symbols without permission.

Alongside these there are also relative grounds: a trademark can be refused if it is identical or similar to an earlier trademark for identical or similar goods or services, where there is a likelihood of confusion on the part of the public. These conflicts are usually raised by the owner of the earlier trademark through an opposition.

Distinctiveness: why invented names are stronger

A word that has no connection with the product – such as “Apple” for phones – is a strong trademark, because no one else needs to use it to describe their own goods. The closer the name comes to describing the product, the weaker the trademark becomes and the harder it is to stop a competitor who uses similar words.

A rule of thumb: if customers who hear the name immediately understand what you sell without knowing it is you, the name is probably descriptive. If the name reminds them only of your business, you are on the right track.

What rights registration gives

The owner of a registered trademark has the exclusive right to use it for the registered goods and services and to prevent others from using, in the course of trade, an identical or similar sign for identical or similar goods without the owner's consent. Without registration, protection is much weaker.

Protection lasts 10 years and is renewed for successive 10-year periods, without limit. A trademark can therefore live for as long as the business is active, provided it is renewed on time and genuinely used.

A trademark applies only where it is registered

Trademark protection is territorial. A trademark registered with the General Directorate of Industrial Property (DPPI) protects you in Albania; for Kosovo a separate registration with the Industrial Property Agency (KIPA) is needed. If you intend to sell in both countries, plan protection in both registers from the start. Find out more in Registering a trademark in Kosovo.

Trademark, company name and copyright

Three different things are often confused. The company name you register in the business register identifies the legal person, not your goods and services. Copyright arises automatically when you create a work, for example the drawing of the logo. A trademark, by contrast, is acquired by registration with the office and protects the sign in trade. An original logo can be protected at the same time as a work of art and as a trademark. We cover the difference from the company name in Company name and trademark.

Where to start

The first step is to check whether the name you have in mind is available. In trademark.al's public search you see the trademarks of Albania and Kosovo at once, as well as registered businesses. When you are ready, the application form guides you step by step, from choosing the classes to payment. For frequently asked questions see the Frequently asked questions and the Help centre.