Algeria Trademark Related Information
|Assignment||Amount US$- Inclusive all Charges|
|Algeria Trademark Search per Class.||US$ 175.00|
|Algeria Trademark Application per Class.||US$ 1550.00|
Kindly note that the charges quoted herein are all inclusive, and there will be no other charges in the normal cases. However, our charges do not include expenses that may subsequently be charged for the legalization of supporting documents, reporting and responding to official actions, extra publication required by the concerned authority, or any other incidental charges that may be incurred during the registration procedure, and may be subject to increases due to changes in the official fees or exchange rates.
Trademark/Service Mark Applications1. A simply signed Power of Attorney for each application in French.
2. A list of the goods to be covered by the application.
3. The name and address of the applicant.
4. A certified copy of the priority document. It must be submitted within a period of six months, in case it is claimed.
Renewal of Trademark/Service Mark Registrations1. A simply signed Power of Attorney for each application.
2. The number and date of the registered trademark/service mark.
3. The name, address and nationality of the applicant.
4. Proof of use.
Assignment Applications1. A simply signed Power of Attorney by the assignee.
2. A duly notarized deed of assignment signed by the assignor and the assignee.
3. The name and address of the assignee.
4. The number and date of the registered trademark/service mark.
License Applications1. A simply signed Power of Attorney by the licensee.
2. A notarized license agreement executed by both parties.
3. The name, address and nationality of the licensee.Change of Name Applications
1. A simply signed Power of Attorney.
2. A certified copy of the change of name document.
3. The number and date of the registered trademark/service mark.
Change of Address Applications1. A simply signed Power of Attorney.
2. The number and date of the registered trademark/service mark.
Algeria is a member of the Paris Convention for the Protection of Industrial Property and the Madrid Agreement Concerning the International Registration of Marks.
The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Algeria and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002. An application may include goods and/or services in any number of classes against payment of an additional fee to cover the additional classes.
Once a trademark application is filed, the filing certificate indicating the filing number and the filing date is issued within approximately a week. Trademark applications are examined as to their registrability against prior registrations. The certificate of registration is issued upon completing all the filing requirements. Trademarks are published after registration and there is no provision for filing opposition to the registration of a mark.
According to Trademark Law No. 03-06 of 2003, a trademark registration is valid for 10 years as of the filing date of the trademark application, and it is renewable for periods of 10 years, each upon application and payment of the prescribed renewal fees. A grace period of 2 months is allowed for late renewal of a trademark registration against payment of a fine.
The assignment of a trademark is possible with or without the goodwill of the business. Changes in the name and/or address of a registrant must be recorded. Recording a license is possible and an unrecorded license is invalid. Use of trademarks in Algeria is not mandatory for filing applications neither for registrations nor for maintaining trademark registrations in force. However, a trademark registration is subject to cancellation on the strength of a court decision obtained to this effect by any interested party.
A cancellation action relies basically on establishing sufficient grounds that the trademark in question has not actually been used seriously for a period of 3 years after filing the application, or if the use ceases for more than 3 years. Any infringement or unauthorized use of a registered trademark is punishable under the provisions of the current law.
T1: How long will it take to conduct a trademark search?
- A maximum of 40 days.
T2: Does Algeria use the international classification?
T3: Are there any goods or services for which the mark can not be registered?
T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
- It gives protection to all the goods in the class including the specified goods.
T5: Can a trademark be registered in the name of more than one applicant ( i.e. joint application)? If so, what are its requirements?
- Yes. No requirement needed for a joint application.
T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
- Yes; there is no deadline for the time being, but if filed early the certificate of registration would be issued early.
T7: Can one application cover more than one class of goods/services?
T8: May priority be claimed under the Paris Convention?
T9: What is the duration of protection of a trademark? From what date is it calculated?
- The duration of protection is 10 years, calculated from the filing date.
T10: Is marking mandatory?
- Marking is not mandatory; it is not mentioned in the law.
T11: In the event a trademark is not renewed in due time, and another company registers the same trademark, can the original owners oppose the registration or not?
- Yes they can within the grace period which is six months.
T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register by showing the correct details?
- A new simply signed power of attorney will be required for such procedure.
T13: Is use required before registration or for maintaining the registration in force?
- Use is required for maintaining the registration in force during the first year of protection.
T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
- Yes, if such use will be extended to the other goods during the protection period.
T15: In what way a 'use' of a trademark should be carried out?
- The product should be distributed in the market.
T16: Can the assignment of an application be recorded?
T17: Is it a mandatory requirement to record a license agreement? If not, why such a recordal is a preferable procedure?
- No; but recording license agreements for use by the licensees will maintain the protection of the registered marks.
T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
T19: Can an assignment be made without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
- No; the assignment should be based on goodwill. The minimum value of the assignment is one dollar. There is no tax based on the value mentioned.
T20: Can the trademark application be opposed and what is the opposition period?
- The publication of the marks in the Official Gazette is only to announce the registration of the marks, and not to expose them to potential acts of opposition. Any opposition should be by the court through cancellation action.
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