Trademark, is rightly known as the trade of a maker. In the general sense of the term, by trademark, we mean a unique sign or symbol belonging to a particular or a company. Tunisian trademark can consist of any word, symbol, sign, shapes, slogans, colour or a combination of all of them. It gives a product, its unique identity. We are well positioned to protect your Tunisian trademark .
A trademark helps to distinguish the products and services of a company from that of its competitors. In today’s world of growing competition among all the companies, a trademark helps a business to stand out and market their product. But, the main purpose of having trademarks is to protect the products and services of a company from getting misused without the consent of the owner. To enjoy the benefits of a Tunisian trademark, it is first required to be registered under the prescribed trademark law of Tunisia.
What is a Tunisian Trademark ?
Every country has a set of their own rules and regulations when it comes to trademark law or any kind of law in general. Some countries may have a strict law regarding their trademarks, whereas it may not be that tight in other countries. But talking about Tunisia, they actually follow a strict set of rules.
In Tunisia, a Tunisian trademark is treated as a ‘power’ symbol. According to Tunisian Trademarks law, a trademark has to meet certain requirements, only then it will get approved under the law. According to provisions 2 of this law :
A trademark or service mark shall be a visible sign to distinguish goods offered for sale or services rendered by a natural or legal person. In particular this sign may consist of:
- All designation forms such as: Words, groups of words, surnames, geographical names, pseudonyms, letters, numbers and symbols.
- Graphic signs such as: Drawings, holograms and shapes in particular those related to the product, its method of presentation, or those which distinguish the services, the arrangements of colours, mixing of colours or the separation of the grades of colours.
- Phonic signs such as musical tunes and sentences.
Some requirements of a Tunisian trademark:
- The trademark has to be something distinct that can be remembered easily and is also easy to defend. It is suggested, that your Tunisian Trademark should not describe anything related to your good and services.
- Before registering your Tunisian trademark sign under the Tunisian Trademarks law, it is necessary to consult your Tunisian Trademark Agent so, that a search for prior trademarks can be conducted in order to avoid infringement.
- After the search for a anterior trademarks is completed by your trademark attorney, there remains a chance of confusion that whether your selected sign is similar to the ones which are already If so happens, then there may be high chances of your trademark application to get opposed.
- It is suggested to avoid any kind of descriptive element in your Tunisian trademark, which may threaten its distinctiveness.
- After you have designed your distinctive trademark, keeping all the necessary points in mind, it is important to get it registered to enjoy the protection under the Tunisian trademark law.
- If your trademark application gets approved without facing any objection, then there will follow a period of two months which will keep your trademark open for public objection. If no objection from anyone, your trademark gets registered. But, you will have to use the registered trademark within 5 years of registration, or it will be canceled.
- A Tunisian trademark is valid for 10 years from the date of registration, after which you will have to renew your trademark.
Thus, we can see the level of strictness followed by the Tunisian trademarks law regarding trademarks. If you are interested in registering your trademark in Tunisia, please do not hesitate to contact us.
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