Trademark monitoring: learning in time about similar marks and companies

Conflicts with earlier trademarks are raised mainly by the owners themselves, through opposition within 3 months of publication. This means that if you do not notice a similar trademark in time, it may be registered unhindered. Monitoring exists precisely so that this does not happen.

What is compared

On trademark.al, your trademarks are compared with:

• the trademarks of Albania (the DPPI register) and of Kosovo (the KIPA register);
• companies in the QKB and the ARBK, by name and trading name.

Your trademarks are not compared with one another, nor with trademarks of the same owner.

How similarity is assessed

The comparison relies on the distinctive part of the names – general words are set aside – and requires at least one strong sign of similarity: very close spelling, the same sound in Albanian pronunciation, one name contained in full within the other, or an almost identical logo between two figurative marks. Then the goods are weighed: shared Nice classes or classes of the same market increase the risk, while completely unrelated goods create no conflict.

No alert without TMA's review

Every finding first waits in TMA's review queue. Only very strong findings – 95% and above – for monitored trademarks are approved automatically; the others are approved or archived by TMA. This way you do not receive alarms about trademarks that have nothing to do with your business.

The morning alert

Approved alerts are sent every morning, usually at 06:00: a bell notification for each alert and a summary e-mail – to you and to the trademark's representative. On the “Alerts” page you see every alert sent to you, with the similarity percentage and the opposition deadline. The alert stays there even if you miss the e-mail.

Locked results

Even for a trademark without monitoring, very strong findings (95% and above) are shown to you locked: you see the similarity percentage, the register where it was found and the opposition deadline. Its name, number and owner stay hidden until you subscribe (“Subscribe and see”). When your trademark is put under monitoring, the locked findings are revealed.

How to subscribe

• Term: 12 months, 120 months or until the trademark expires. A term under 12 months is charged as a share of the 12-month price; a term over 12 months at the monthly rate of the 120-month price, but not less than the 12-month price.
• Plans: for many trademarks there may be plans – 2–5, 6–10, 11–50 and over 50 trademarks – when TMA has set a price for them.
• Payment: the order creates a payment request under “Payments”; the price includes the administration fee and the transaction fee.
• Start: monitoring starts on the day of payment, and the first check also looks at the findings of the last 90 days.
• Free trial: offered only when TMA has enabled it – one trademark, once per client.

Monitoring does not start and is not extended without payment: neither with the application, nor with an unpaid subscription or renewal. Your representative can also put the trademark under monitoring; when its monitoring starts, you are notified.

To subscribe, open “Monitoring” in your dashboard and choose the trademark and the term – or press “Subscribe and see” on a locked result. Before you pay you see the price, the administration fee, the transaction fee and the total; payment is made by card or by bank transfer, like any other payment on the platform.

From alert to opposition

When the alert concerns a trademark application, the “Oppose this application” button opens the opposition: you receive by e-mail a power of attorney for the case and a payment request at TMA's price. After payment, TMA takes over the case. Only the trademark owner can start an opposition from the alert. When the finding is a company, there is no opposition before the trademark office; the alert informs you, so that you can decide with your representative what to do.

What an alert looks like

Each alert shows your trademark next to the finding: how similar it is as a percentage, where it was found – the trademarks of Albania, the trademarks of Kosovo, the QKB or the ARBK – and, for a published trademark, the opposition deadline, which is calculated as 3 months from publication. For a company, the alert tells you that the finding comes from the business register. This way you understand immediately whether the finding requires action and how much time you have.

Frequently asked questions about monitoring

Is the trademark monitored automatically after I apply?

No. Monitoring starts only with a paid subscription. However, for your applications that are still in progress, very strong findings are shown to you as locked results, so that you know there is something to look at.

Who receives the alerts?

The trademark owner and its representatives: the trademark's representative and, when the trademark is monitored under a representative's plan, that representative too.

What happens when the subscription ends?

Monitoring stops at the end of the term. To continue it, you renew the subscription and pay for it; without payment, monitoring is not extended. Alerts sent to you earlier remain under “Alerts”.

Can I monitor several trademarks at once?

Yes. Each trademark can be subscribed separately, and for many trademarks there may be plans, when TMA has set a price for them.

Why it is worth it

The 3-month opposition period passes quickly. An alert that arrives in time gives you the chance to act calmly, with evidence and with your representative, instead of discovering the similar trademark when it has already been registered. You will find step-by-step instructions in Monitoring and locked results and in Alerts and one-click opposition.