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Tunisia – Trademarks

 

From Filing to Registration: Approximately 24 to 36 Months

Convention Priority: Yes

Classification of Goods/Service: International (10th edition)

Multiple Class Applications: Yes

Procedure: Once the application is filed, it is queued to be examined as to trademark registrability. Accepted applications by the Registrar are published in the Official Gazette. There are 60 days period open for filing an opposition by any interested party. In the absence of an opposition, the published trademark is registered, and the certificate of registration is issued.

Registration Validity: 10 years, renewable for other consecutive periods, each of which is 10 years.

Renewal Time: Application for Renewal should be submitted prior to expiry date. There is no grace period for late renewals of a trademark.

Trade/Service mark Use: Not pre-requisite for registration. However, a trademark is vulnerable for cancellation by any interested party, who may prove that the trademark was not actually used during the five years preceding the application for cancellation.

Requirements:

Trademark Applications

1. Power of Attorney simply signed and stamped by the applicant.
2. Five prints of the mark.
3. A list of the goods and/or the services (classes) covered by the application in French.
4. A certified copy of the priority document must be submitted, in case it is claimed.

Renewal of Trademark/Service Mark Registrations

1. Power of Attorney simply signed and stamped by the applicant.
2. The number and date of the registered trademark/service mark or copy of the registration /renewal certificate

Assignment Applications

1. Power of Attorney from the Assignee simply signed and stamped.
2. Deed of Assignment, signed by both parties; Notarised.

Change of Address

1. Power of Attorney simply signed and stamped.

Change of Name

1. Power of Attorney simply signed and stamped.
2. Certificate of change of name; Notarised.

Merger

1. Power of Attorney simply signed and stamped by the applicant.
2. Merger agreement Notarised

 

Tunisia – Patents

 

Patent Protection Period: 20 years

Annuity Payments: Renewal fees fall due annually commencing on the first anniversary of the filing date.

From Filing to Registration: -

Convention Priority: Yes

Novelty: Examined formally

Filing Language: Specifications claim and drawings can be filed in French.

Procedure: Once an application for the registration of a patent is filed, it is examined as to form only. The Tunisian Patent Office does not carry out any examination as to novelty or merit of the invention.
A patent application is published in the Al-Muwassafat quarterly gazette published by the Institut National de la Normalisation et de la Propriete Industrielle (INNORPI), together with a summary of the contents thereof. The grant of a patent is also published.

PCT: Tunisia is contracting state of PCT
Time Limit for Entering PCT National Phase: 30 months

Filing Requirements for Patent Application:

1. Power of Attorney simply signed and stamped by the applicant.

2. The name, address and nationality of the applicant and the nature of its business.
3. Formal drawings.
4. Specification and claims in English, Arabic or French.
5. Deed of assignment document Notarized, if the applicant and the inventor(s) are not the same.
6. Certified copy of the priority document, if priority is to be claimed.

The priority document should be submitted within 90 days as of the date of application.

Assignment

1. A simply signed Power of Attorney by the assignee.
2. A deed of assignment executed by the assignor and assignee, together with its French or Arabic translation.

License

1. A Power of Attorney by the licensee, simply signed.
2. A license agreement executed and sealed by both parties together with its French or Arabic translation.

Recordal of Change of Name

1. A Power of Attorney, simply signed.
2. A certificate proving the change of name or an extract from the Commercial Register translated into French or Arabic.

Recordal of Change of Address

1. A Power of Attorney showing the new address, simply signed.

Merger

1. A Power of Attorney, simply signed.
2. A certificate of merger legalized by the Tunisian Consulate together with its French or Arabic translation.

 

 

Tunisia – Designs

 

Design Protection Period: 5, 10 or 15 years from filing date.

Convention Priority: Yes
Novelty: Absolute
Annuity Payments: Not applicable

Procedure: Once the Design application is filed, it is queued to be examined with respect to compliance with provision of Industrial Designs Law. Once an application is accepted, it is entered in the register and published in the Official Gazette. Any interested third party may file an opposition against the design application within 60 days from the publication date. A design or an industrial model registration is granted for 5, 10 or 15 years starting from the date of filing the application. A registrant for the shorter terms has the option of applying for the extension of the protection period by the maximum duration of 15 years.

Filing Requirements for Design Application:

1. Powers of Attorney simply signed and sealed.
2. Certified copy Priority documents, if priority is to be claimed
3. Four representations (photocopies, photographs or drawings) of the design
4. Four copies of the inscription (if necessary)

Assignment Applications

1. Powers of Attorney simply signed and sealed.
2. A deed of assignment executed by the assignor and the assignee, together with its French or Arabic translation.

License Applications

1. Powers of Attorney simply signed and sealed.
2. A license agreement executed and sealed by both parties together with its French or Arabic translation.

Recordal of Change of Name

1. Powers of Attorney simply signed and sealed.
2. A certificate proving the change of name or an extract from the Commercial Register translated into French or Arabic.

Recordal of Change of Address

1. Powers of Attorney simply signed and sealed.

Merger Applications

1. Powers of Attorney simply signed and sealed.
2. A certificate of merger by the Tunisian Consulate together with its French or Arabic translation.