Searching before you apply: how to check whether a trademark is available

Every payment on the platform and every step taken with the office is non-refundable. If an application is refused because a similar earlier trademark exists, you lose time, money and often the work done on the logo and packaging as well. That is why the first step for any trademark is the search. Here is how to do it well.

Where to search

In trademark.al's public search you search four registers at once:

• the trademarks of Albania – the register of the General Directorate of Industrial Property (DPPI);
• the trademarks of Kosovo – the register of the Industrial Property Agency (KIPA);
• businesses registered with QKB (National Business Centre, Albania);
• businesses registered with ARBK (Business Registration Agency, Kosovo).

As a visitor you have 5 different searches per session; with an account you search without limit. In your dashboard, Magic Search lets you choose the country, the office and the search field – the name, the application or registration number, the owner, the representative, the goods, the NIPT or the NUI – filter by Nice class, status or year and export the results to CSV, PDF or Word, up to 1,000 rows.

What to search for: not just the identical name

A conflict does not arise only from an identical trademark. The office assesses whether two signs are similar in appearance, sound and meaning. So also search for:

• different spellings of the same name – with or without a space, with double letters, with or without the letter ë;
• words that are pronounced the same or almost the same;
• the most distinctive part of the name, separately from generic words such as “shop”, “group” or “center”;
• the translation of the name, if it has a meaning in another language.

A classic example: if “Kola” exists for soft drinks and someone applies for “Koola” for the same drinks, the high similarity and the identical goods create a likelihood of confusion.

How to read the results

The status

A trademark may be filed, under examination, published for opposition, registered, renewed, expired, refused or withdrawn. Expired, refused or withdrawn trademarks are usually no longer an obstacle, but always check the dates: a “published” trademark can be registered as soon as the opposition period ends.

Classes and goods

Compare the classes of the trademark you found with the ones you are planning. A similar name for completely unrelated goods is often less of a problem than a similar name in the same class or a neighbouring class – except for well-known marks, which are protected more broadly.

The owner

The owner's details tell you who is behind the trademark. If the similar trademark belongs to a company operating in your market, the risk is real.

The fields of a registration

Trademark registers use WIPO's standard codes (INID). Some you will come across often: (540) the representation of the mark, (511) the Nice classes and goods, (591) the colours claimed, (730) the owner and (740) the representative.

The name check inside the form

When you apply on trademark.al, in step 2 the name check automatically shows you very similar trademarks from the register and active companies – up to 10 of each – as “Identical” or “X% similar”. The threshold for “very similar” is usually 95%. The check informs you; it does not stop you.

In the final step, the check runs again with the classes you have chosen. If there are risky trademarks, you must expressly accept the risk: “I understand the risk: if the application is refused because of these marks, the responsibility is mine.” When the representative prepares the application for you, you see these trademarks yourself before payment and you are the one who accepts the risk.

What no search shows

• Unpublished applications. The results are based on the public registers and do not include applications the office has not yet published.
• Logos. The search compares names; there is no search by logo. For figurative marks, talk to your representative about a visual comparison.
• The office's decision. The search informs you; it does not guarantee registration and is not a legal opinion. The decision is taken by the office – DPPI or KIPA.
• Register delays. Register data may contain delays or errors; the official source remains the office's register.

A step-by-step example

Let us say you want to launch a cosmetics line under the imaginary name “Lunara” (class 3). A good search would look like this:

1. Search for “Lunara” and the variants “Lunnara”, “Luna Ra” or “Lunarra” in the trademarks of Albania and Kosovo.
2. You find, for example, a trademark “LUNARA” registered for clothing (class 25) and an application “LUNNARA” published for cosmetics (class 3).
3. The clothing trademark is in a different market: the risk is lower, unless it is well known. The cosmetics application is in the same class, with an almost identical name: the risk is high and its owner may oppose your trademark.
4. Also check the businesses in QKB and ARBK: a cosmetics company with a similar name does not by itself prevent registration, but it shows you that a close name already exists on the market.
5. Decide with your representative: change the name, add a distinctive element or, if the risk is acceptable, accept it knowingly.

When the result is not clear

If you find a similar trademark, it does not automatically mean you have to give up. Ask your representative and consider the options: add a distinctive element to the name, change the part that is similar, or limit the goods and services to those where there is no conflict. Do not ignore the risk just because you like the name.

After the search

When the name looks available, apply as soon as possible: the longer you wait, the greater the chance that someone else applies first. After filing, monitoring notifies you when a very similar trademark or company appears. You will find the guide to searching in your dashboard in the Help centre.