TRADEMARKS FILING AND PROSECUTION ALGERIA
A trademark is a sign that is registered to distinguish a product or service in commerce. There are other types of signs used in trade that can also be registered with the Algeria IP Office, such as logos, designations of origin, geographical indications, collective marks and certification or guarantee marks.
In order to legally protect a trademark or other sign used in commerce, it is necessary to register it with the Algeria IP Office. In Algeria, trademark protection is granted according to the provisions of Ordinance No. 03-06 of 19 Joumada El Oula 1424 corresponding to July 19, 2003, on Trademarks, Algeria.
Trademark in Algeria may be designated by the following symbols:
- ® (for a registered trademark)
- ™ (for an unregistered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standards categories, such as those based on colour, smell, or sound.
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.
The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark, and can license it to the third parties, sell it in return of sum, use it raise equity for business undertakings.
| Relevant office | Algerian National Institute of Industrial Property Ministry of Industry (INAPI) |
| Filing principle | First to file |
| Nice classification | YES |
| Paris convention | YES |
| Madrid system | YES |
| Multi class system | YES |
| Documents required for filing a trade mark application | Name and address of the applicant, clear representation of the trademark, list of goods and/or services and Simply signed Power of Attorney. |
| Prosecution process | Filing, examination, publication, registration, renewal |
| Registration term | 10 years from the date of application. |
| Renewal term | 10 years |
Trademark searches in Algeria
Under the “First to File” principle, if any other applicants file applications for the identical or similar trademark used for identical or similar goods and services after the first applicant has applied, those later applications will be refused.
Therefore, it is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.
A trademark search in Algeria can be conducted for word mark, numbers, images, etc. It is advisable to conduct comprehensive trademark clearance search in Algeria to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Algeria.
Filing trademark applications in Algeria
A person may file multi-class or single class trademark application in Algeria.
Trademark application can be filed in the following categories:
- Ordinary Applications
- Convention application (claiming priority from a convention country)
Ordinary application in Algeria
Ordinary trademark applications filed in Algeria are applications without claiming any priority. Multi class trademark applications may also be filed in Algeria. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
Priority trademark applications in Algeria /Convention trademark applications Algeria:
A priority trademark application may be filed in Algeria. A priority trademark application should be filed in Algeria within 6 months after the date on which the application was made in the convention country.
Paris convention
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Algeria within six months after the date on which the application was made in the Convention Countries.
Trademark classes for goods and services
Algeria follows the nice classification of classes. Intellectual property office of Algeria uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defined list of terms and cover all the goods and services.
Trademark Examination in Algeria
Once the application for the registration is submitted it goes through the examination process which consists of examination on the basis of Absolute and relative grounds (conflicts with an earlier, pre-existing right) of refusal.
Article 7: The following may not be registered:
1- Symbols that do not represent a mark as set forth in Article 2 (Paragraph One).
2- Symbols related to the public property or not distinguished.
3- Symbols that represent the form or cover of goods if its nature, function or packaging require thereof.
4- Symbols in contrary to public order or morals as well as those the use of which is prohibited under the national law, or bilateral or multilateral agreements in which Algeria is a party.
5- Symbols comprising a simulation or imitation of official logos, flags, other logos, abbreviated names, symbols, signs or official hallmarks used for the purposes of control and guarantee by a country or an intergovernmental organization established under an international agreement, unless the competent authority has licensed such state or organization to do so.
6- Symbols which would mislead the public or commercial society with regard to the nature, quality or source of goods and services and other related characteristics.
7- Symbols which exclusively or partially constitute an indication that would involve a confusion regarding the geographical origin of certain goods or services. In case such symbols have been illegally registered as a mark, the use of that geographical indication would be hindered by third parties entitled thereof.
8- Symbols similar or identical to a mark or a trade name well-known in Algeria and have been used for similar or identical goods belonging to another institution to the extent that causes confusion between both of them, or symbols which are a translation of another mark or trade name.
The provisions of this Paragraph shall be applicable, as necessarily amended, to the goods or services not identical or similar to those for which the mark is required to be registered, provided that the use of such mark for identical goods and services indicates a link between these goods and services and the owner of the registered trademark, and that such use would be detrimental to the interests of the registered trademark owner.
9- Symbols identical or similar to a mark that has been the subject matter of a registration application or a registration including goods or services identical or similar to those for which the manufacturing mark or trademark has been registered if such use would result in confusion.
The provisions of this Paragraph shall also applicable to the marks the protection period of which has expired since one year or more prior to the date of filing their registration application, or to the collective marks the protection period of which has expired since three (3) years or more prior to this date.
All claimed priorities shall be taken into consideration in accordance with this Paragraph.
Trademark Opposition in Algeria
The order of July 19, 2003, related to the trademarks does not anticipate an administrative opposition procedure against the filing of a mark
Trademark registration in Algeria
The mark will be registered for a period of 10 years from date of application, and the registration certificate is issued.
Trademark Renewal in Algeria
You can renew your trademark right by filing a request for renewal six (6) months before the trademark right expires.