News Archive (5)Apr 07, 2024 (Newsletter Issue 3/24)
VAT on Official Fees for IP Services Introduced
The Algerian National Institute of Industrial Property (INAPI) has implemented a Value Added Tax (VAT) rate of nineteen percent (19%) on official fees associated with Intellectual Property services due to the change in the tax system of the government.
In consequence, all applicable official fees have been adjusted to reflect this updated VAT rate as of March 29, 2024 on both existing (pending) cases, which requires further payments, though the official fees are settled at the time of filing and there are no due official fees for already initiated actions, as well as new IP cases.
The Algerian government previously introduced the Finance and Tax law of 2022 through which a 19% Valued Added Tax has been applied on all types of professional services effective from 1 January 2022.
Source: www.jahip.com
Feb 22, 2017 (Newsletter Issue 4/17)
New VAT Rate Applied
Pursuant to a ministerial decision amending the article No. 21 of the charges law, new VAT charges are now applied in Algeria.
The new VAT charges amount is 19 percent instead of 17 percent.
Source: www.agip.com
Sep 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
Feb 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
Jan 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 Agreement and Madrid Protocol as well as the Paris Convention.
Trademark protection is obtained by registration.
It can also be acquired by sufficient public recognition. However, to the Algerian law the trademark cannot definitely be protected without registration. Even for notorious trademarks and well-known ones, the Algerian legislation is not precise regarding their protection without registration.
ClassificationNice classification, 12th edition
National Institute of Industrial Property (INAPI) stipulates that use of list of goods/services in class headings is acceptable for all classes except goods in classes 3 and 5 which should be specified since general items and items in class headings for these two classes are not acceptable. Use of the phrase “all goods/services in a certain class is not acceptable”.
What is Registrable as a TrademarkArticle 2 (1) of Trademark Law: Law no. 03-06 of 2003 states that trademarks are "all symbols representable in writing, especially words including persons' names, letters and numbers, drawings, pictures, forms distinguishing goods or packages thereof, and colors or combination thereof used to distinguish goods or services of a natural or nominal person from the goods and services of someone else."
The following trademark types are registrable: trademarks, service marks and collective marks.
Registration ProceedingsThe application is filed at the Algerian Institute of the Intellectual Property (INAPI).
Multiple-class applications are possible.
Foreign applicants do need a local agent in order to represent them before the Algerian Trademark Office.
A non-legalised power of attorney is sufficient; simply signed by the applicant company which should include the position and name of the signatory is required for each trademark application.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination by the Algerian Institute of the Intellectual along with an examination of distinctiveness (absolute grounds) and search for prior trademarks (relative grounds). Based on the said examination either 1) the registration certificate is issued or 2) a partial or total provisional refusal of registration is issued with the indication on the grounds of refusal( relative and/or absolute).
The processing time from first filing to registration is approx. 15 to 18 months in a smooth procedure.
The certificate of registration is issued upon completing all the filing requirements, trademarks are published after registration.
Opposition PeriodNational: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.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Trademark DurationProtection 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.
Grace Period for Trademark RenewalPractical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe 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 trademark licensing are available in our publication
here
Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Jan 15, 2025
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