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TUNISIA TRADEMARKS - JAH CO.IP
TUNISIA TRADEMARKS

Trademark requirements:

A signed and sealed power of attorney. A general power may be used for subsequent filings.
Five prints of the mark.
The list of the goods and/or the services (classes) covered by the application in French.
A certified copy of the priority document must be submitted, in case it is claimed.

 

Document 1 may be submitted within 30 days from filing date. Document 4 may be submitted within 3 months from filing date.

Registration Time Frame


Time frame from filing a trademark application up to registration in the normal course of action; i.e.  in case that no office action is raised by the trademark examiner or oppositions are lodged by third parties.

Filing up to Examination : 4 Months

Examination up to Publication : Around 6 months

Opposition Period : 2 Months

End of Opposition Period up to Issuance of Registration Certificate : Around 15 days

Total Estimated Time Frame : Around 1 year

 

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

Examination:
Examination is performed on formal and absolute grounds only. There is no examination on relative grounds.

Opposition:
Trademark applications accepted by the Registrar are published in the Industrial Property Bulletin. Oppositions may be filed within 60 days from publication date.  Extension of time for oppositions/counter-oppositions or for responding to office actions is not possible.

 

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.

 

Renewal Requirements:

A Power of attorney, simply signed, which is can be filed within a month time from date of filing the renewal application.

The number, date and the list of the goods of the trademark registration.

 

Note: There is a 6 months grace period within which a late renewal application can be filed with the payment of the lateness fine.  The Tunisian Trademarks Office allows another three months for renewal after the expiry of the grace period if there is a reasonable ground, which is almost accepted in most cases.  There will be extra charges of US$ 100 (per renewal) other than the late renewal penalty (of grace period) for effecting the renewal of these marks.

 

 

Time frame from filing a trademark renewal application up till issuance of the renewal certificate:

Filing up to Examination : No Examination

Examination up to Publication if exits : Around 10 months

Publication to Issuance of Renewal Certificate : The renewal Certificate can be issued within around 15 days from filing up.

Total Estimated Time Frame : 20 days

 

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.

Search:
An official search may be conducted for word marks only. The search takes approximately 5 to 10 working days.

Assignment

Trademark applications and registrations may be assigned with or without the goodwill of the business concerned.
Documents required: Power of attorney from the assignee, simply signed; and deed of assignment, notarized, with simple French translation.

 

Merger:
A merger may be recorded for trademark applications and registrations.
Documents required: Power of attorney, simply signed; and certificate of merger, legalized with French translation.
Time frame needed for completing the recordal of an assignment/merger recordal:

Filing up to Examination : Around 15 days

Examination up to Publication :No publication

Publication to Issuance of Certificate Recordal :25 days

Total Estimated Time Frame : 45 days

Change of Name/Address:
A change of name/address may be recorded for trademark applications and registrations.
Documents required: Power of attorney, simply signed; and certificate of the change of name or an extract from the commercial register, notarized with French translation. For change of address only a simply signed power of attorney is required.

 

Time frame needed for completing a change of name and/or address recordal:

Filing up to Examination : Around 15 days

Examination up to Publication if exits : No publication

Publication to Issuance of Certificate of change and/or name Recordal : 25 days

Total Estimated Time Frame : 45 days

Licensing:
License recordal is not compulsory but advisable in order to be effective against third parties.
Documents required: Power of attorney from the licensor, simply signed; power of attorney from the licensee, simply signed and license agreement, notarized with French translation.

Filing up to Examination :  Around 15 days

Examination up to Publication : No publication

Total Estimated Time Frame till issuance of the user/license agreement certificate : 25 days

 

Additional Time Frames:

 

Time frame required for preparing and filing an opposition or counterstatement with the Trademarks Office and follow up its proceedings till final settlement:

Preparing and filing an opposition or counterstatement with the Trademarks Office: At least 3 days.

Following up its proceedings till final settlement: Around 7 months.

 

Time frame required for preparing and filing a lawsuit of any type such as infringement or cancellation action and follow up its proceedings till final settlement:.

Preparing and filing a lawsuit of any type such as infringement or cancellation action: At least 7 days.

Following up its proceedings till final settlement: At least 12 months.

 

Time frame required for filing an appeal with the trademarks registrar or court as applicable regarding an opposition action, counterstatement or rejection:

Filing an appeal with the trademarks registrar or court as applicable regarding an opposition action, counterstatement or rejection: At least 7 days.

Following up its proceedings till final settlement: At least 12 months.
Marking:
Marking is not compulsory.

Cancellation:
A trademark is subject to cancellation by any interested party within 5 years from registration date, unless the mark was registered in bad faith in which there is no time limit.

Three Dimensional Trademark Applications

Admissible.