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TUNISIA

Tunisia adopts the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement. In 1975, Tunisia joined the World Intellectual Property Organization. Withdrawing from the Madrid Agreement with regards to Trademark in 1988, Tunisia then joined the Madrid Protocol for the international registration of Trademarks in 2013. Replacing the Tunisian Trademarks and Trade Names Law of 1889 and its amendment of 1936, Tunisia was issued the Trademark Law No. 36 in 2001.









Trademark Information

Type of Trademarks:

Marks for goods, Service marks, Collective marks or Sound marks.

Type of Applicant:

Company or Individual.

Registrable Elements:

Character, Chinese characters, Three-dimensional shape, Figure Sign, Claiming colour, Claiming priority or Combination of colours or Sound.

Term of Protection:

10 Years from filing date and renewable for 10 years within 1 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, Use of class headings and Addition to class heading .

Search:

Applicable for Word marks.

Examination:

Formality,

Recordation Applicability :

Applications, Registrations or Partial recordation.

Time Frames (Up To):

Search: 3 days.

Registration: 18 months.

-          Filing to Examination decision 6 months

-          Examination decision to Publication 6 months

-          Publication Opposition Period 2 months

-          Registration to Certificate Issuance 4 months

Renewals: 6 months.

Recordation: 3 months.

Appeal: 8 months.

Opposition: 8 months.

Declaration of Use:

Not Required.

Consent and Disclaimers:

Acceptable to overcome refusal.

Cancellation Action:

Applicable for Non-use for a period of 5 years from the Registration date before the Courts.

Infringement Measures:

Prevention of importation 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 notarized.

License Requirements:

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

Merger / Mortgage Requirements:

• Power of Attorney simply signed.
• Certificate of merger / mortgage duly legalized notarized.

Name / Address Requirements:

• Power of Attorney simply signed in the new name/address.
• A certificate issued by the competent authorities evidencing the changes duly notarized.

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.

Type of Applicant:

Company or Individual.

Validity:

20 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 30 months from the International filing date.

Revival:

Applicable with 12 month from the due date.

Search:

Applicable.

Examination:

Formality, substantive and relative ground.

Recordation Applicability :

Applications, Registrations or Partial recordation.

Time Frames (Up To):

Search: 7 days.

Registration: 18 months

-          Filing to Examination decision 6 months

-          Publication Opposition Period  0 months

-          Grant to Issuance of Letters 12 months

Recordation: 3 months.

Appeal: 8 months.

Opposition: 0 months.

Cancellation Action:

Applicable for Unlawful registration for a period of 4 years from grant before the Courts.

Infringement Measures:

Prevention of importation 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)

Assignment Requirements:

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

License Requirements:

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

Merger / Mortgage Requirements:

• Power of Attorney simply signed.
• Certificate of merger / mortgage duly legalized notarized.

Name / Address Requirements:

• Power of Attorney simply signed in the new name/address.
• A certificate issued by the competent authorities evidencing the changes duly notarized.

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 or Individual.

Validity:

15 years from the international filing date.

Multiple Figures:  

Applicable up to 50 figures.

Annuities:

Renewal for 2 terms of 5 Years within 12 months from the expiry date or 6 months after expiry date With surcharge.

Search:

Applicable.

Examination:

Formality,

Recordation Applicability :

Applications, Registrations or Partial recordation.

Time Frames (Up To):

Search: 7 days.

Registration: 6 months

-          Filing to Examination decision 3 months

-          Publication Opposition Period  0 months

-          Registration to Certificate Issuance 3 months

Renewal: 4 months.

Recordation: 3 months.

Appeal: 8 months.

Opposition: 0 months.

Cancellation Action:

Applicable for Unlawful registration for a period of 4 years from grant before the Courts.

Infringement Measures:

Prevention of importation 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)

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 notarized.

License Requirements:

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

Merger / Mortgage Requirements:

• Power of Attorney simply signed.
• Certificate of merger / mortgage duly legalized notarized.

Name / Address Requirements:

• Power of Attorney simply signed in the new name/address.
• A certificate issued by the competent authorities evidencing the changes duly notarized.

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, Computer software and databases, Artistic works Architectural Works, Geographical Maps and Technical Drawings, Engineering Plans and layouts.

Type of Applicant:

Company or Individual.

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:

Warning, money compensation and confiscation of all copies.

Filing Requirements:

• Power of Attorney simply signed.

Address :

 67 avenue Habib Bourguiba 2080, Tunis, Tunisia.

E-mail :

 [email protected]

IP Treaties

Madrid Agreement Paris Convention
Nice Agreement PCT - Patent Cooperation Treaty
Berne Convention Lisbon Agreement
Madrid Protocol Nairobi Treaty
WIPO Convention Budapest Treaty
Hague Agreement Marrakesh VIP Treaty
Beijing Treaty on Audiovisual Performances UPOV Convention
Vienna Agreement





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