TUNISIA - The organizations associated with the country are - World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC). The Conventions regulated for the country are - Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement.

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Organizations

World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).

Conventions

Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement

Power of Attorney

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is no grace period for late renewals of a trademark.

Classification:

The International Classification of Goods and Services (10th Edition) is followed. A single application may include several classes.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 60 days from publication date.

Power of Attorney:

General Power of attorney is sufficient for continuous application.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years from registration date.

Assignment:

Trademarks may be assigned with or without the goodwill of the business concerned and May be recorded for applications and registrations.

License:

License recordation is not compulsory to be effective against third parties and May be recorded for applications and registrations.

Merger:

May be recorded for applications and registrations.

Change of Name/Address:

May be recorded for applications and registrations.

Time Frame:

Conducting search is between 3 to 5 working days, Registration/Renewal process is within 12 to 24 months and Recordation process within 12 to 18 months.

Filing Requirements:

  • Simply signed Power of Attorney.
  • Certified copy of the priority document. If priority is claimed.

Renewal:

  • Simply signed Power of Attorney (in case we are not the agents of record).

Assignment:

  • Power of Attorney simply signed by the assignee.
  • Deed of assignment with its French translation signed by both parties duly notarized.

License:

  • Power of Attorney simply signed by the Licensee.
  • License agreement with its French translation signed by both parties duly notarized.

Merger:

  • Simply signed Power of Attorney.
  • Certified copy of the merger certificate with its French translation duly notarized.

Change of Name/Address:

  • Simply Signed Power of Attorney in the new name/address.
  • Certified copy of the certificate of change of name or extract from the commercial register with its sworn French translation duly notarized (For Change of name only).

Protection Term:

The term of protection is 20 years from filing date.

Annuities:

Due annually on the anniversary of the international filing date and payable prior to grant. 6month grace period for late payment with a surcharge.

Opposition:

Patents are published in the Industrial Property Bulletin after grant; oppositions may be filed within 2 months.

Search:

Patent applications and patents may be searched by title and patentee name.

Examination:

As to form.

Compulsory License:

A patent has to be worked; within 4 years from national filing date or 3 years from grant date. The patent may be subject to compulsory licensing according to the provisions in the law.

Filing Requirements:

  • Simply signed Power of Attorney.
  • Copy of PCT Request.
  • Copy of International Publication.
  • Copy of International Search Report.
  • Copy of International Preliminary Examination Report (if available).
  • Certified copy of the priority document. If priority is claimed.

Assignment:

  • Power of Attorney simply signed by the assignee.
  • Deed of assignment with its French translation signed by both parties duly notarized.

License:

  • Power of Attorney simply signed by the Licensee.
  • License agreement with its French translation signed by both parties duly notarized.

Merger:

  • Simply signed Power of Attorney.
  • Certified copy of the merger certificate with its French translation duly legalized up to Tunisian consulate.

Change of Name/Address:

  • Simply Signed Power of Attorney in the new name/address.
  • Certified copy of the certificate of change of name/address or extract from the commercial register with its sworn French translation duly notarized.

Protection Term:

5, 10 or 15 years from filing date.

Examination:

As to form of novelty.

Renewal:

For two consecutive terms of 5 years.

Annuities:

payable annually.

Applications with Multiple Figures:

Admissible.

Filing Requirements:

  • Simply signed Power of Attorney.
  • Certified copy of the priority document. If priority is claimed.

Assignment:

  • Power of Attorney simply signed by the assignee.
  • Deed of assignment with its French translation signed by both parties duly notarized.

License:

  • Power of Attorney simply signed by the Licensee.
  • License agreement with its French translation signed by both parties duly notarized.

Merger:

  • Simply signed Power of Attorney.
  • Certified copy of the merger certificate with its French translation duly notarized.

Change of Name/Address:

  • Simply Signed Power of Attorney in the new name/address.
  • Certified copy of the certificate of change of name/address or extract from the commercial register with its sworn French translation duly notarized.