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Algeria (DZ)

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09-02-2015 (Newsletter Issue 13/15)
Joins Madrid Protocol
On July 31, 2015, the Government of the People’s Democratic Republic of Algeria deposited with the Director General of WIPO its instrument of accession to the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The Protocol will enter into force with respect to Algeria on October 31, 2015.

The Protocol gives trademark owners the possibility of filing International Registration of Marks. It also benefits brand owners from Algeria, by gaining full access to the territories covered by the Madrid Protocol for international trademark protection.

Source: www.wipo.int


02-25-2015 (Newsletter Issue 3/15)
New Trademark Form
The Algerian Trademark Office offers a new trademark form to ease the filing process from March 1, 2015.

For more flexibility and speed in the management of protection claims, a code will be generated automatically assigned to the requests of IP owners and will appear in print, on the header of the completed forms.

Please be advised that the forms without a code will not be accepted.

Source: www.inapi.org


01-28-2015 (Newsletter Issue 2/15)
Official Fees Revised
The Algerian Trademark Office revised the official fees for filing trademark applications in colours and for responding to office actions.

The new official fee of filing a trademark application is DZD 16,000 in one class in black & white and DZD 17,000 in colour. The official fee for each additional class is DZD 2,000.

The new rates are effective as of January 1, 2015 and will be applicable on new, as well as, pending applications.

Source: www.sabaip.com and www.agip.com


Legal basis is the Decree No. 03-06 of July 19, 2003, in force since August 2, 2005.
Algeria is a member of the Madrid Protocol since October 31, 2015.
Trademark protection is obtained by registration.
It can also be acquired by sufficient public recognition.
Nice classification, 10th edition
Registrable as a trademark are all distinctive signs capable of being represented graphically, particularly words, including personal names, letters, numbers, drawings or images, the characteristic shape of goods or their packaging, colours (alone or combined - as long as they are capable of distinguishing the goods or services of a natural or legal person from those of other persons).
The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed at the Algerian Institute of the Intellectual Property (INAPI).
Multiple-class applications are possible.
Foreign applicants do not need a local agent, a postal address within Algeria is sufficient.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and a full one, which further this latter either the registration certificate is issued or a provisional refusal of registration is issued with the indication of considered as possible identical or similar trademarks, and/or the examined trademark as a descriptive one.
The processing time from first filing to registration is approx. 18 months in a smooth procedure.
The certificate of registration is issued upon completing all the filing requirements, trademarks are published after registration.
National:
The order of July 19, 2003, related to the trademarks does not anticipate an administrative opposition procedure against the filing of a mark. The opposition is possible at the competent Court (Cancellation), with the most important condition; to have the registration certificate of the trademark.

Opposition against designation of IR Mark
no opposition period, no opposition system adopted
Protection begins with the date of application. A trademark registration is valid for 10 years.
The registration is renewable for periods of 10 years during the last six months of the protection period.
The grace period for renewals is 6 months after the expiry date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not actually been used seriously for a period of 3 years after filing the application, or if the use has ceased for more than 3 years, the trademark may be subject to cancellation by a third party through a legal action at the competent Court.

Further practical details are available in our publication on this topic here
The official fee of filing a trademark application is DZD 16,000 in one class in black & white and DZD 17,000 in colour. The official fee for each additional class is DZD 2,000.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 290,00 € 230,00 € 
Word Mark Search (identical) 260,00 € 200,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
05-24-2016
JAH & CO. IP, Doha, Qatar  

07-25-2013
Grant Thornton Yafi & Co., Beirut, Lebanon

01-04-2012
Cabinet Djelliout & Fils, Algier, Algeria



Institut National Algérien de la Propriété Industrielle (INAPI)
42 Rue Larbi Ben M'hidi
Alger
Algeria
Tel +213 21 73 01 42 or 60 84
Fax +213 21 73 55 81 or 96 44
www.inapi.org

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int