09-15-2015 (Newsletter Issue 14/15)
Changes to Procedures of Trademarks/Services
The Decree No. 2015-303 of June 1, 2015, establishing the Procedures for the Registration of and Opposition to the Registration of Trademarks and Service Marks, as well as the Procedures concerning Recording in the National Register of Marks came into force on June 9, 2015, and repealed Decree No. 2001-1603 of July 11, 2001.
The Decree introduces the following modifications:
(i) introduction of electronic filing of applications for the registration of trademarks;
(ii) setting out of provisions governing the trademark registration through the Madrid Protocol;
(iii) extension during the opposition period of the time for the applicant to submit observations from 45 days to 2 months from the date of notification of the opposition;
(iv) fixation of a maximum period of 8 months from the date of submission of observations for the applicant and the opponent to attempt conciliation in the trademark opposition;
(v) extension to 2 months from 1 month of the period during which the opponent may furnish proof of the use of the trademarks upon which opposition has been based; and
(vi) definition of a period of 2 months for the applicant to submit the missing documents to request recording of a change of names, addresses, ownership, assignment, etc., in the National Register of Marks.
10-15-2013 (Newsletter Issue 15/13)Madrid Protocol Enters into ForceThe Madrid Protocol (1989) enters into force, with respect to the Republic of Tunisia, on October 16, 2013. The opposition period against international registrations designating Tunisia is sixty days starting from the publication of the advertising in the Tunisian official gazette.
For more information please check here
09-17-2013 (Newsletter Issue 13/13)Accession to Madrid ProtocolThe Director General of the World Intellectual Property Organization (WIPO) presents his compliments and has the honor to notify the deposit by the Government of the Republic of Tunisia, on July 16, 2013, of its instrument of accession to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.
The said instrument contained the following declarations:
- The time limit of one year to exercise the right to notify a refusal of protection referred to in Article 5(2)(a) thereof is replaced by 18 months and under Article 5(2)(c) of the said Protocol, when a refusal of protection may result from an opposition to the granting of protection, such refusal may be notified to the International Bureau after the expiry of the 18-month time limit; and
- Tunisia, in connection with each international registration in which it is mentioned under Article 3ter of the said Protocol, and in connection with the renewal of any such international registration, wants to receive, instead of a share in the revenue produced by the supplementary and complementary fees, an individual fee.
The Madrid Protocol (1989) will enter into force, with respect to the Republic of Tunisia, on October 16, 2013.
Source: www.wipo.int and JAH & Co. IP, Qatar
12-01-2011 (Newsletter Issue 14/11)Going to Accede to Hague System and Madrid ProtocolTunisia has issued Resolution No. 77 regarding the accession to the Hague System for the International Registration of Industrial Designs and Resolution No. 78 of August 11, 2011 regarding its accession to Madrid Protocol for the International Registration of Trademarks. The two resolutions were published in the Official Gazette on August 16, 2011.
Accordingly, the Tunisian government will again submit the application for the membership of the Hague System and the Madrid protocol although it had withdrawn from the Madrid Agreement in 1988.
Source: AGIP and Cabinet Younsi, Tunisia
03-11-2010 (Newsletter Issue 8/10)
Trademark Procedures Changed
The Tunisian Trademark Office has decided the following regulations as from January 1, 2010:
1- The publication of the trademarks, patents, and designs will be distributed on CDs without hard copies; this will prevent the delay of publication in the print press and the time frame for completing registration will be reduced.
2- The official fees regarding the renewal certificates of trademarks registration should be paid along the renewal application fees. Previously, these fees were paid after the issuance of the certificate. Consequently, the issuance of the renewal certificate will be easier without requesting the certificate fees from the agents.
Legal basis is the Trademark Law No. 36-2001 of April 17th, 2001, in force since April 23rd, 2001.
Tunisia was a member of the Madrid Agreement until April 9th, 1988.
The Madrid Protocol has entered into force, with respect to Tunisia, on October 16, 2013 based on the application from Tunisian Government on July 16, 2013.
Trademark protection is obtained by registration.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, colours, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks, trade names and titles of establishment.
The application is filed at the Institut National de la Normalisation et de la Propriété Industrielle (INNORPI).
Multiple-class applications are possible.
An applicant may either file via a home trademark attorney or by directly contacting a Tunisian trademark attorney.
A non-legalised power of attorney is sufficient, which can be submitted within three months from the date of acceptance of the trademark applications.
Foreign applicants do not need a domestic registration.
An application is examined on a formal and absolute grounds only to determine if the mark complies with local rules as to deceptiveness and distinctiveness. No search for prior registrations or applications is conducted. No examination on relative grounds.
The processing time from first filing to registration is approx. 12- 14 months.
Before registration, the trademark application is published in the monthly Patent Office Gazette “Al-Muwassafat”. From January 2010, the publication will be distributed on CDs only (no hard copies).
The opposition period is 2 months from publication date of the application.
Details regarding the Opposition Period against designation of IR Mark
are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark. The Tunisian Trademarks Office allows another 3 months for renewals after the expiry of the grace period if there is a reasonable ground, which is almost accepted in most cases. There will be extra charges of USD 100 (per renewal) other than the late renewal penalty (of grace period) for effecting the renewal of these marks.
Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration, it may be subject to cancellation.
Subsequent use of the trademark can restore protection if no third party has applied for an identical or similar trademark in the meantime and if no party has requested cancellation due to non-use.
Further practical details are available in our publication on this topic here
The official fee is TND 271,800 for one class and TND 35,400 for each additional class.
(Source for exchange-rates: bankenverband.de
Find out how much this is in your own currency and convert!
Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here
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02-28-2017JAH & CO. IP
, Doha, Qatar
Abu-Ghazaleh Intellectual Property, Tunis, Tunisia
Cabinet Younsi, Gammarth, Tunisia