Trusted Tunisian Trade Mark Attorney

International trademark registration

International Trademark registration

An international trademark registration means that a trademark be registered via a single procedure, one application, in one language, paid in one currency, in multiple jurisdictions around the world. Madrid system for the international registration of trademarks provides such single procedure.

The Madrid Protocol which came into operation in 1996 and the Madrid Agreement which dates from 1891 govern the system of international trademark registration. Under the Madrid Protocol, a mark can be registered in multiple countries by filing an application for international trademark registration through the trademark office of the applicant (“office of origin”).

International trademark registration application under the Madrid Protocol must be filed by the trademark applicant through the trademark office of the applicant, known as the office of origin. The office of origin will process the trademark application and file it with the Intellectual Property Organization at Geneva.

If the trademark application is found fit, then the mark is recorded in the International Register and published in the World Intellectual Property Organization (WIPO) Gazette of International Marks. The International Bureau then provides a certificate of international registration and notifies each of the country contracting to the Madrid Protocol for which protection has been requested by the trademark applicant. Each of the countries trademark office has the right to refuse protection of the mark by notifying to the International Bureau within the time limits specified in the Madrid Protocol. The Madrid Protocol has set strict time limits of 12 or 18 months for objections to be raised by the designated offices.

Any objection to registration of the trademark must be made to the International Bureau in the prescribed format. If there are no refusals by any of the country, then the protection of the mark in each of the country is the same as if it had been registered by the Office of that country.

Once an international trademark is registered under the Madrid Protocol, the mark is registered for 10 years. International trademark registrations can be renewed directly through WIPO or through the concerned office of origin.

Requirements for Obtaining International Trademark Registration:

There are three main requirements for obtaining an international trademark registration in Tunisia:

  • The applicant should be a Tunisian national or domiciled in Tunisia or have real and effective business or commercial establishment in Tunisia.
  • The applicant must have a national trademark application or registration of a trademark with the Tunisian Trade Marks Registry. This national trademark application/registration will be used as the basis of the international application. The international application will have the same trademark as mentioned in the national trademark application or registration. The list of goods and services mentioned in the international application should also be identical with the national mark.
  • The applicant in the international application must choose one or more other member countries of the Madrid Protocol, where the applicant wants to protect his trademark.

An International Trademark can be afforded protection in the 94 countries. For more information on the procedures of an International Trademark registration, please visit our page on : Madrid System for the international registration of trademarks

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