Filing trademark application in Tunisia
Whenever a new product, a service or a brand is introduced in the market it is necessary for it to have a specific trademark. This comes under the Intellectual Property Rights. It’s a priority to proceed first by filing your trademark application before the Tunisian Trademarks office. The practice of filing trademark application in Tunisia is at the heart of Achour Law Firm’s expertises.
There are some concerns to be raised before filing trademark application in Tunisia. Our team is experienced in filing Tunisian trade mark applications. We can assist you in selecting the most effective filing strategy having regard to your budget and requirements.
Anteriority search before filing trademark application in Tunisia
You have to choose a suitable trademark for your product, service or the brand. Now, you have to be very careful while you fill that up since there are many several others that are already filled and registered. It is recommended to proceed to an anteriority search before filing your trademark application in Tunisia.
If there are no complaints by anyone within 2 months after filing your trademark application then the trademark will be registered and you are considered as its legal owner.
The registered protection period is lowered down to that of 10 years which was earlier 15 years (till April 2001). The fine that is issued by the Court can vary from 5,000 Tunisian Dinar ($2,000) to 50, 000 Tunisian Dinar ($20,000). You have to use your registered trademark within 5 years of its registration. If not used within 5 years the trademark might be cancelled and further legal procedures would be taken.
What if your trademark is already registered
If there is another person whose trademark is already pending to be registered and the list goods and / or services is same as the one you carry or if a person already has one registered under that name with the same service, brand or product, then the other company has an upper hand towards having the trademark. Under the Tunisian Trademarks Law, it is possible for registered owners to claim for their trademarks. Also, if a person who is already using a trademark of your choice is ending their term or contract within some time, then you can reapply for the same trademark. But there are chances of rejection.
Requirements for filing trademark application in Tunisia
A trademark application has to be filed before the Tunisian Trademarks Office – Institut National de la Normalisation et de la Propriété Industrielle (INNORPI) – by a local agent if you are a non national. Foreign applicants do not need a domestic registration.
- Applicant’s name and address.
- Five prints of the mark.
- The list goods / services.
- A certified copy of the Priority document, if any.
- Simply signed Power of Attorney
Registration Time Frame
- Filling up to Examination: 4 Months
- Examination to Publication: 6 Months
- Opposition Time: 2 Months
- End of opposition and Registration start-up: Around 15 days
There are several other time frames that are there and are to be kept in mind before the process starts. A trademark is to be filled with utter patience and attention so that no legal or wrongful claims are to be handled later. If a person already owns a trademark and are about to drop it, it is advisable that you do not that up the same name and go for some other one for your own good. The chance of rejection always gets higher in that case.
This is how a trademark is to be filled and what are the several things that are to be kept in your mind and consideration before you start doing so. So, if you are interest in filing trademark application in Tunisia, please do not hesitate to contact us.
We are also well positioned to help you with:
- Trademark search in Tunisia
- Trademark opposition in Tunisia
- Trademark cancellation
- Trademark assignment in Tunisia
- Trademark license in Tunisia
- Trademark registration changes
- Trademark renewal in Tunisia
- Trademark due diligence in Tunisia
- Trademark protection in Tunisia
- Trademark watching services in Tunisia
- Trademark Portfolio Management in Tunisia
- Customs seizure proceedings in Tunisia
- Trademark infringement