ALGERIA

Since July of 2015, Algeria has been a part of the Madrid Protocol relating to the Madrid Agreement, and the Madrid Agreement Concerning International Registration Marks. Algeria is also a member of the Paris Convention for the Protection of Industrial Property. In 1976, Algeria officially joined the World Intellectual Property Organization.









Trademark Information

Type of Trademarks:

Marks for goods, Service marks or Collective marks.

Type of Applicant:

Company, Individual or Jointly.

Registrable Elements:

Character, Chinese characters, Figure Sign, Claiming color, Claiming priority, Combination of colors or Motion.

Term of Protection:

10 Years from filing date and renewable for 10 years within 6 months before expiry or 6 months after expiry with surcharge.

Priority Deadline:

6 months from the priority application filing date.

Classification:

11th Edition – Multi class application applicable.

Search:

Applicable for Word marks, Device marks or Chinese Characters.

Examination:

Formal, Substantive, Relative grounds and Absolute grounds.

Recordation Applicability :

Applications, Registrations, Partial recordation or Termination.

Time Frames (Up To):

Search: 4 days.

Registration: 18 months.

-          Filing to Examination decision 17 months

-          Publication Opposition Period 0 months

-          Registration to Certificate Issuance 1 month

Renewals: 18 months.

Recordation: 6 months.

Appeal: 12 months.

Opposition:  Not Applicable.

Declaration of Use:

Applicable within 100 months from Filling date.

Consent and Disclaimers:

Acceptable to overcome refusal.

Cancellation Action:

Applicable for Unlawful registration Non-use for a period of 5 years from the Registration before the Administrative Authorities and Courts.

Infringement Measures:

Prevention of importation of infringing goods by Customs, Raid, Injunction, Damages, Fine and Imprisonment.

Filing Requirements:

• Power of Attorney simply signed. 
• Certified copy of the priority document, if priority is claimed. 
(All the above may be submitted within 60 days from the filing date)

Renewal Requirements:

• Power of Attorney simply signed. (Required at the time of filing in case we are not the agent of record). 

Assignment Requirements:

• Power of attorney simply signed by the assignee.
• Deed of assignment signed by both parties duly legalized up to the Algerian consulate.

License Requirements:

• Power of attorney simply signed by the licensee.
• License agreement signed by both parties duly legalized up to the Algerian consulate.

Merger / Mortgage Requirements:

• Power of Attorney simply signed. 
• Certificate of merger / mortgage duly legalized up to the Algerian consulate.

Name / Address Requirements:

• Power of Attorney in the new name/address simply signed.  
• A certificate issued by the competent authorities evidencing the changes duly legalized up to the Algerian consulate.

Appeal / Opposition Requirements:

• Power of Attorney simply signed. (Required at the time of filing)
• Any document to show prior use in the stated jurisdiction or neighbouring countries. 
• Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries. 
• The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries. 
• Extracts from bills/invoices, etc., from the year of inception of the company. 
• Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries. 
• Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.

Patent Information

Type of Patent:

Patent or Integrated circuits.

Type of Applicant:

Company, Individual or Jointly.

Validity:

Patents 20 years from the international filing date and Integrated circuits 10 years from the international filing date.

Annuities:

Paid annually on the anniversary of the international filing date with 6 months surcharge grace period.

PCT Based Filing:

Applicable within 31 months from the International filing date.

Revival:

Applicable within 12 months from the due date.

Search:

Applicable on prior similar patents.

Examination:

Formal and Relative grounds.

Recordation Applicability :

Applications, Registrations, Partial recordation or Termination.

Time Frames (Up To):

Search: 4 days.

Registration: 24 months.

-          Filing to Examination decision 21 months

-          Publication Opposition Period 0 months

-          Registration to Certificate Issuance 3 months

Maintenance: 10 days.

Recordation: 6 months.

Appeal: 12 months.

Opposition: Not Applicable.

Cancellation Action:

Applicable for Non-use for a period of 3 years from grant before the Administrative Authorities and Courts.

Infringement Measures:

Prevention of importation of infringing goods by Customs, Raid, Injunction, Damages, Fine and Imprisonment.

Filing Requirements:

• Power of Attorney simply signed. 
• Certified copy of the priority document, if priority is claimed. (Not required for PCT)
(All the above may be submitted within 60 days from the filing date)

Maintenance Requirements:

• Power of Attorney simply signed. (Required at the time of filing in case we are not the agent of record). 

Assignment Requirements:

• Power of attorney simply signed by the assignee.
• Deed of assignment signed by both parties duly legalized up to the Algerian consulate.

License Requirements:

• Power of attorney simply signed by the licensee.
• License agreement signed by both parties duly legalized up to the Algerian consulate.

Merger / Mortgage Requirements:

• Power of Attorney simply signed. 
• Certificate of merger / mortgage duly legalized up to the Algerian consulate.

Name / Address Requirements:

• Power of Attorney in the new name/address simply signed.  
• A certificate issued by the competent authorities evidencing the changes duly legalized up to the Algerian consulate.

Appeal / Opposition Requirements:

• Power of Attorney simply signed. (Required at the time of filing)
• Any document to show prior use in the stated jurisdiction or neighbouring countries. 
• Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries. 
• The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries. 
• Extracts from bills/invoices, etc., from the year of inception of the company. 
• Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries. 
• Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.

Industrial Design Information

Type of Design:

Drawings or Models

Type of Applicant:

Company, Individual or Jointly.

Validity:

10 years from the international filing date.

Multiple Figures:  

Applicable up to 100 figures.

Annuities:

Renewal allowed for one term of 9 years within one year from the expiry date or 6 months after expiry date with surcharge.

Search:

Applicable on prior similar designs.

Examination:

Formal, Relative grounds and Absolute grounds.

Recordation Applicability :

Applications, Registrations, Partial recordation or Termination.

Time Frames (Up To):

Search: 4 days.

Registration: 18 months.

-          Filing to Examination decision 15 months

-          Publication Opposition Period 0 months

-          Registration to Certificate Issuance 23 months

Renewal: 3 months.

Recordation: 8 months.

Appeal: 6 months.

Opposition:  Not Applicable.

Cancellation Action:

Applicable for Non-use for a period of 3 years from grant before the Administrative Authorities and Courts.

Infringement Measures:

Prevention of importation of infringing goods by Customs, Raid, Injunction, Damages, Fine and Imprisonment.

Filing Requirements:

• Power of Attorney simply signed. 
• Certified copy of the priority document, if priority is claimed. 
(All the above may be submitted within 60 days from the filing date)

Renewal Requirements:

• Power of Attorney simply signed. (Required at the time of filing in case we are not the agent of record). 

Assignment Requirements:

• Power of attorney simply signed by the assignee.
• Deed of assignment signed by both parties duly legalized up to the Algerian consulate.

License Requirements:

• Power of attorney simply signed by the licensee.
• License agreement signed by both parties duly legalized up to the Algerian consulate.

Merger / Mortgage Requirements:

• Power of Attorney simply signed. 
• Certificate of merger / mortgage duly legalized up to the Algerian consulate.

Name / Address Requirements:

• Power of Attorney in the new name/address simply signed.  
• A certificate issued by the competent authorities evidencing the changes duly legalized up to the Algerian consulate.

Appeal / Opposition Requirements:

• Power of Attorney simply signed. (Required at the time of filing)
• Any document to show prior use in the stated jurisdiction or neighbouring countries. 
• Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries. 
• The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries. 
• Extracts from bills/invoices, etc., from the year of inception of the company. 
• Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries. 
• Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.

Copy Right Information

Works Protected:

Literary works, Reference works, Computer software and databases, Artistic works Architectural Works, Geographical Maps and Technical Drawings, Engineering Plans, layouts and Folklore works of art.

Type of Applicant:

Company, Individual or Jointly.

Related Rights:

Performers, Producers of sound recordings and Broadcasting Organizations.

Term of Protection:

50 years after the author’s death.

Time Frames (Up To):

Registration: 1 month.

Infringement Measures:

Prevention of importation of infringing goods by Customs, Raid, Injunction, Damages, Fine and Imprisonment.

Filing Requirements:

• Power of Attorney simply signed. (Required at the time of filing)
• A form from the ONDA, according to the nature of your work, signed by the owner, 

Address :

Cité 8 mai 1945, Bt 12, N° 10, Bab Ezzouar,, Algiers, Algeria

E-mail :

[email protected]

IP Treaties

Madrid Agreement Paris Convention
Rome Convention Nice Agreement
Berne Convention Lisbon Agreement
Locarno Agreement Madrid Protocol
Nairobi Treaty Patent Law Treaty
WIPO Convention WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty