May 01, 2023 (Newsletter Issue 5/23)
Accession to Geneva Act of the Lisbon Agreement
On April 6, 2023, the Government of Tunisia deposited its instrument of accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (Geneva Act).
The Geneva Act of the Lisbon Agreement helps producers of quality products, linked to their geopgraphic origin, to protect the distinctive designations of their products in multiple jurisdictions, either as appellations of origin or geographical indications, through a single application filed with WIPO, and the payment of one set of fees.
It will enter into force with respect of the Republic of Tunisia on 6 July 2023.
Source: www.wipo.int
Mar 19, 2020 (Newsletter Issue 4/20)Practice Paper on Distinctiveness on Figurative Marks PublishedThe National Institute of Standardization and Industrial Property of Tunisia (INNORPI) has published a practice paper concerning the examination of absolute grounds for refusal as regards figurative trademarks with purely descriptive words/expressions.
The practice paper provides a clear and comprehensive explanation of the principles on which the practice is based, which will be generally applied by the INNORPI and the IP offices of the European Union Intellectual Property Network (EUIPN).
The practice paper has been made publicly available in Arabic, French and English. It is divided in two sections; the first part summarises the criteria, while the second part provides a complete explanation of the different criteria applicable in each case.
For more information and to access the practice paper, please click hereSource: www.euipo.europa.eu Feb 06, 2020 (Newsletter Issue 1/20)Official Fees IncreasedThe Tunisian Trademark and Patent Office (INNOPRI) increased the official fees for trademarks matters. This increase became effective in accordance with Governmental Decree No. 29/2020 dated January 16, 2020.
The amended official fee for filing a trademark application is TND 400 for one class and TND 100 for each additional class. There is no publication fee; however, there is cost of 80 TND for the issuance of the registration certificate. An additional 19% VAT will be applicable.
Source: JAH & Co. IP, Qatar Apr 04, 2019IP Office Will Not Accept Merger Request of Intl. RegistrationTunisia has notified WIPO in accordance with new Rule 27ter(2)(b) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (the Common Regulations), which entered into force on February 1, 2019.
In the said notification, the IP Office has declared that its law does not provide for the merger of registrations of a mark and that, as a result, its Office will not present to the International Bureau of WIPO requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).
For further information, please click hereSource: www.wipo.int Apr 11, 2018 (Newsletter Issue 7/18)
Apostille Convention Entered into Force
On March 30, 2018, the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention) entered into force for Tunisia.
Tunisia had acceded to the Apostille Convention on July 10, 2017.
The Government of Tunisia has informed the Ministry of Foreign Affairs of the Netherlands (i.e. the Depositary) that a Competent Authority under Article 6 of the Apostille Convention will be designated shortly.
Source: www.hcch.net
Nov 22, 2017 (Newsletter Issue 20/17)
E-Filing System Expected Soon
It has been decided that an electronic filing system for trademarks and patents will be adopted after a meeting between the Tunisian Office for Normalization and Industrial Property (INNORPI) as well as the main agents of patents and trademarks in Tunisia.
It is expected that the new system will officially begin operation in January 2018 starting with trademarks.
Source: www.agip.com
Jul 25, 2017 (Newsletter Issue 14/17)
Accession to Hague Apostille Convention
On July 10, 2017, Tunisia deposited its instrument of accession to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention).
The Apostille Convention will enter into force for Tunisia on March 30, 2018, in relation to those Contracting Parties which have not objected to the accession, and following the six-month period pursuant to Article 12.
Source: www.hcch.net
Sep 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.
Source: www.wipo.int
Oct 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
Source: www.wipo.int Sep 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 Dec 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 Mar 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.
Source: www.ag-ip-news.com
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, 12th 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. 10- 12 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).
National:The opposition period is within 60 days 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.
Practical 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 for filing a trademark application is TND 500 for one class and TND 100 for each additional class. There is no publication fee; however, there is cost of TND 80 for the issuance of the registration certificate. An additional 19% VAT will be applicable. In general, the inclusive filing fees in one class including VAT will be TND 596.
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Practical details on trademark licensing are available in our publication
hereOnline 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.
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Sep 04, 2023
JAH Intellectual Property, Doha, Qatar
