A registered trademark has a potential to exist forever- considering that the trademark is secured incorrect form and order. When one is unable to safeguard their registered trademark, then it can be discarded and therefore, will be of no use. Trademark cancellation in Tunisia can be made by third parties considering certain terms and conditions.
Some of the grounds for trademark cancellation in Tunisia are as follows:
- The registered owner of the trademark without legitimate reason fails to use the mark in Tunisia, or to cause it to be used in Tunisia by virtue of a license during an uninterrupted period of five years from the date of registration. This is not applicable unless the concerned trademark has been registered in bad faith for which there exists no time limit.
- The registered trademark has become the generic name for the goods or services, or a portion thereof;
- The trademark has been abandoned;
- The trademark was obtained fraudulently or contrary to the provisions of the Tunisian Trademarks law;
- The trademark is being used by, or with the permission of the registrant so as to misrepresent the source of the goods or services on or in connection with which the trademark is used;
- The registered trademark is confusingly similar to another trademark or trade name owned by the person who claims to be damaged and who has superior rights thereto.
Important and common grounds for trademark cancellation in Tunisia are :
Non use of the trademark in commerce during an uninterrupted period of 5 years or longer :
Though a trademark is capable of existing forever, the rights related to it are subject that must be continuously used in commerce. Considerable non-use of the trademark in commerce allows the third parties to file a cancellation case before the Court. In that case, the trademark owner shall proove that he used the trademark in commerce.
Trademark becoming Generic name for the goods or services, or a portion thereof :
In case the trademark becomes generic, it provides a strong ground for third parties to file a cancellation of the particular trademark. By this, it can be meant that the trademark can be very loosely associated with the original product or service in such a way that it can be interchangeably used with the respective trademark. Protection of trademark is denied when it becomes generic and thus is subjected to trademark cancellation in Tunisia.
Proceedings of trademark cancellation in Tunisia
The proceedings of cancellations of registered trademark may be brought in by the third parties before Tunisian courts. So, please do not hesitate to contact is if you are interested in trademark cancellation in Tunisia.
Our practice covers also :
- Trademark search in Tunisia
- Filing trademark application in Tunisia
- Tunisian Trademark registration
- International Trademark registration
- Trademark Opposition in Tunisia
- 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