Company name (QKB/ARBK) versus trademark: why they are not the same thing

“I have registered the company with the QKB, so the name is mine.” This is one of the most common misunderstandings among entrepreneurs. The business register and the trademark register serve different purposes, and one does not replace the other.

Two registers, two purposes

• The business register – the QKB (National Business Centre) in Albania and the ARBK (Business Registration Agency) in Kosovo – registers the entity that carries on the business: the company name, the NIPT or NUI, the activity, the address and the status.
• The trademark register – at DPPI in Albania and at KIPA in Kosovo – protects a sign for specific goods and services, according to the Nice classes.

In short: the company name tells people who you are as a legal entity; the trademark tells the customer where the product or service they buy comes from.

What registering the company does not give you

The business register has its own rules on company names, but they do not give you the rights of a registered trademark. The exclusive right to use a sign for goods and services – and to stop others from using a similar sign – is acquired by registration at the trademark office. Without going through DPPI, no official trademark protection is acquired in Albania; the same applies to Kosovo with KIPA.

The trading name is often not the company name

Many businesses have one legal name in the register and another name by which customers know them. The company may carry the founders' names, while the restaurant, shop or app has a completely different name. The trademark that needs protecting is the name the customer sees – on the shop sign, on the packaging, on the website or on social media.

When a company name clashes with a trademark

If your name resembles someone else's trademark

If you use as a trading name a sign similar to a registered trademark for similar goods or services, using it on the market may amount to infringement – even if your company has been properly registered. Registering the company does not protect you from the rights of an earlier trademark.

If someone registers a company with your trademark's name

Monitoring on trademark.al also compares your trademarks with QKB and ARBK companies, by name and trading name. When a company with a very similar name appears, the alert informs you. Bear in mind that there is no opposition against a company before the trademark office: opposition applies only against trademark applications. For such cases, talk to your representative about the routes the law offers.

Check both registers before choosing the name

The best moment to avoid a conflict is before you register the company and before you order the logo. In the public search you see DPPI and KIPA trademarks, as well as QKB and ARBK businesses, all at once. The name check in the application form also shows you very similar active companies, alongside trademarks.

How to protect both

1. Choose a distinctive name and check it in the trademark and business registers.
2. Register the company in the business register, according to its rules.
3. File the trademark for your goods and services at DPPI and – if you also operate there – at KIPA.
4. Monitor new trademarks and companies with a similar name.

In whose name should you register the trademark?

In the application form, the “Applicant” step asks for the details of the person or company that becomes the owner of the trademark. For a business with several partners, it usually makes sense for the trademark to be in the company's name. If the owner changes later, the trademark can be transferred with the “Transfer of Ownership” service. Even so, make the decision carefully from the start: the owner of the trademark is the one who holds the rights in it.

A practical example

Two partners register a company with the QKB under their surnames and open a restaurant with the imaginary name “Sorana”. Customers do not know the company name; they know “Sorana” – on the shop sign, on the menu, on social media.

• The company name is in the business register, but this does not protect “Sorana” as a trademark.
• The trademark to register is “Sorana”, mainly in class 43 (restaurant services) and, if they deliver, also in class 39.
• Before applying, they search for “Sorana” in the trademarks of Albania and Kosovo and in the QKB and ARBK businesses.
• The trademark is filed in the company's name, so that it does not depend on one of the partners.
• After registration, monitoring notifies them if an application or a company with a very similar name appears.

Frequently asked questions

Is the website domain enough?

No. The domain gives you your internet address, not the exclusive right to the name as a trademark for your goods and services.

Can I register the company name as a trademark?

Yes, if the name is distinctive and available for your goods and services. Often this makes a lot of sense, because the company name is exactly what customers see. Check it first in the trademark and business registers.

Do I need to register the trademark even if the company name is the same?

Yes, if you want trademark protection. The company name in the business register and the trademark in the trademark register are two different registrations, with different purposes. For more, see the Frequently asked questions.