International trademark protection: priority, the Madrid System and Kosovo

A business that exports, sells online abroad or plans franchises in the region needs to know one basic principle: trademark protection is territorial. A trademark registered with DPPI protects you in Albania – not in Italy, in Germany or in Kosovo. Every other territory needs a registration that covers it.

The first step: the right of priority

The Paris Convention (1883), the founding treaty of industrial property, administered by WIPO, lays down two main principles:

• National treatment: every member country gives nationals of the other member countries the same protection as its own nationals.
• The right of priority: if you file a trademark in one member country, you have 6 months to file it in the other member countries while keeping the date of the first filing.

In practice, priority gives you time: you apply first in your own country and within 6 months decide where else you need protection, without the risk of someone getting there before you during that period. In the trademark.al form, if you have applied for the trademark in another country within the last 6 months, you can claim priority by entering the country, the number and the date of the first application. You will find a summary of the convention in The Paris Convention.

The Madrid System: one application, many countries

The Madrid System, based on the Madrid Agreement (1891) and the Madrid Protocol (1989), is the international solution for registering trademarks and is administered by WIPO. Albania is a member.

How it works

1. You have a basic mark, filed or registered with DPPI.
2. You file one international application through WIPO and designate the countries where you want protection (“designated parties”).
3. WIPO registers it and forwards it to the national offices, which decide under their own law whether to accept the mark in their territory.

This way you avoid separate filings in each country. For example, an Albanian wine producer whose trademark is registered with DPPI can file an international application designating Italy, Germany and Switzerland – all three in one procedure.

The new Albanian trademark law (2025) regulates the Madrid procedures in detail: both applications originating from Albania and international registrations designating Albania, with a clear division of roles between DPPI and WIPO. You will find the summary in The Madrid System in the legal library.

Kosovo: always a national application

Kosovo is not a member of WIPO and is not a party to the Madrid System. An international registration, however many countries it covers, does not extend protection to Kosovo. The only route is a national application with the Industrial Property Agency (KIPA). If Kosovo is a market for you, include it in your protection plan from the start. Details in Registering a trademark in Kosovo.

Direct national applications

The other route is to apply directly to the office of each country. This makes sense when you need only a few countries, when a country is not part of Madrid – such as Kosovo – or when you want each registration to be fully independent. A local representative is often required in each country.

Madrid or separate applications?

• Number of countries: for many countries, one international application is usually simpler to manage than many separate applications.
• Membership: check that every country you are interested in is part of Madrid; for those that are not, a national application is needed.
• Timing: use the 6-month priority to decide calmly.
• The basic mark: the international application relies on your trademark at DPPI, so it must be well prepared from the start.

How to plan it, step by step

1. List your markets. Where do you sell today, and where do you realistically plan to sell in the coming years? Protection makes sense where there is business or a risk of copying.
2. Secure the basic mark. File the trademark with DPPI, with the right classes – it is the starting point for priority and for Madrid.
3. Check the name in every market. A name that is available in Albania may be taken elsewhere; carry out the search in foreign registers with your representative.
4. Choose the route. Madrid for member countries, a national application for countries outside it – such as Kosovo.
5. Respect the priority deadline. If you want to keep the date of the first application, apply abroad within 6 months.

Example: an Albanian cosmetics producer that sells in Kosovo and plans to export to Italy and Germany first files the trademark with DPPI. It then applies as soon as possible to KIPA for Kosovo – because Madrid does not cover it – and, within 6 months, designates Italy and Germany through Madrid, keeping the date of the first application.

The minimum standards: TRIPS

The World Trade Organization's TRIPS Agreement sets minimum standards that every member country must guarantee for trademarks and other intellectual property rights, including civil, criminal and border measures against infringements. This is one of the reasons why trademark systems in many countries are similar in their basic principles – but procedures and deadlines remain national.

Services on trademark.al

Under “Services”, the “Registration & Protection” group includes International Registration (Madrid), to extend protection abroad, while the “Documents & Certificates” group includes the certificate, the certified copy and the priority document. TMA sets the prices and you see them before payment. For a first application in Albania or in Kosovo, start from the search.