• العربية
ALGERIA
ALGERIA
00213781106060 info@lounisip.com

Trademarks

WHAT IS TRADEMARK?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Such sign may include words, personal name, designs, letters, and the shapes of goods and packaging.Trademarks are protected by intellectual property rights.

And The registration of Trademarks gives its owner exclusive rights to prevent others from using the trademark or a confusingly similar mark in relation to the same or similar goods or services.

The Trademarks law of Algeria

Algeria is a member of the Paris Convention for the Protection of Industrial Property since march1,1966. and the Madrid Agreement Concerning the International Registration of Marks since July 5, 1972.

Algeria is a member of Madrid Protocol relating to the Madrid Agreement since July 31, 2015.

The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Algeria and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002. An application may include goods and/or services in any number of classes against payment of an additional fee to cover the additional classes.

Once a trademark application is filed, the filing certificate indicating the filing number and the filing date is issued within approximately a week. Trademark applications are examined as to their registrability against prior registrations. The certificate of registration is issued upon completing all the filing requirements. The Trademarks are published after registration and there is no provision for filing opposition to the registration of a mark.

According to Trademark Law No. 03-06 of 2003, a trademark registration is valid for 10 years as of the filing date of the trademark application, and it is renewable for periods of 10 years, each upon application and payment of the prescribed renewal fees. A grace period of 6 months is allowed for late renewal of a trademark registration against payment of a fine.

The assignment of a trademark is possible with or without the goodwill of the business. Changes in the name and/or address of a registrant must be recorded. Recording a license is possible and an unrecorded license is invalid. Use of trademarks in Algeria is not mandatory for filing applications neither for registrations nor for maintaining trademark registrations in force. However, a trademark registration is subject to cancellation on the strength of a court decision obtained to this effect by any interested party.

A cancellation action relies basically on establishing sufficient grounds that the trademark in question has not actually been used seriously for a period of 3 years after filing the application, or if the use ceases for more than 3 years. Any infringement or unauthorized use of a registered trademark is punishable under the provisions of the current law.

REQUIREMENTS

Filing Requirements Trademark/Service Mark Applications

  1. The name and address of the applicant.
  2. A list of the goods to be covered by the application.
  3. A simply signed Power of Attorney.
  4. A certified copy of the priority document.

It must be submitted within a period of six months, in case it is claimed.

Renewal Requirements of Trademark/ Service Mark Applications

  1. The number and date of the registered trademark/service mark.
  2. The name, address and nationality of the applicant.
  3. Proof of use (Declaration of use).
  4. A simply signed Power of Attorney.

Assignment Applications

  1. A duly notarized and legalized deed of assignment signed by the assignor and the assignee.
  2. The name and address of the assignee.
  3. The number and date of the registered trademark/service mark.
  4. A simply signed Power of Attorney.

License Applications

  1. Certified Copy of the license agreement signed by the licensee and the licensor legalized and notarizedup to the Algerian consulate
  2. Sworn French translation of the license agreement by local translator.
  3. Particulars of the trademark applications/registrations subject to the license.
  4. A simply signed Power of attorney.

Change of Name Applications

  1. A certified copy of the change of name document legalized and notarized.
  2. The number and date of the registered trademark/service mark.
  3. A simply signed Power of Attorney.

Change of Address Applications

  1. The number and date of the registered trademark/service mark.
  2. A simply signed Power of Attorney.

International Application under Madrid Agreement

Under the Madrid Agreement Applicant can file an international application at the international office of WIPO in Geneva and designates the countries where the protection is sought , ALGERIA is one of the members countries where the applicant seek a protection we undertake all the registration processes under our national laws.

Our Services 

 We provide a Best & high Professional quality services according to Trademarks:

Comprehensive Trademarks study: which consist on the following

-Trademarks searches: We conduct full Trademarks searches with the INAPI (the Algerian National Institute of industrial property )  Trademarks database

  1. Seach for identical registered marks or applications.
  2. Search for similarity based on the classes of products and services.

– In order to determine whether there are any identical or confusingly or similar registered marks or applications which could present an obstacle to the registration.

-We provide the identification of the recommended classification of goods and services associated with the trademark according to the Nice International Classification.

-Legal opinion and summary as to whether you should register your Trademark

-Registration and the Renewal procedures for Filing national application documents must be submitted to the INAPI (the Algerian National Institute of industrial property )

We prepare the applications with the correct specifications of goods and services related to the Trademarks and following up the procedure  until receving the original certificates .

-Registration procedures for International application We undertake all national procedure for international application filed under the Madrid Agreement with any country of origin and designates Algeria as a country where trademark protection is sought.

– appeal and opposition

– Amendments and addition

-Recording Assignments and license agreements

-Trademarks infringement

-Translation document from  English into Arabic , English into French ,  French into Arabic

 

Please do not hesitate to contact us if you require further information