Trademarks Law
(Tunisian Trademarks Dated 4/6/1889 On Trademarks & Trade Names)
First
Trademarks Property Rights
1) The trademarks and trade names are of voluntary use unless it is ordered to be compulsory for certain products. The distinctive names, symbols, seals, reliefs, stamps, figures, letters, numbers vignettes and similar marks required to dispose the products shall be deemed trade names or trademarks.
2) Nobody may claim the property of any trademark or trade name unless he deposits two specimens thereof at the Tribunals' record.
Second
Filing Of Marks
1) The trademarks and trade and agricultural names shall be deposited at the Tribunal so as to acquire the rights obtainable under the law. The filing should be made according to the following manner.
2) A trademark may be filed either by the proprietor himself or his attorney vide a special power of attorney duly signed by two parties according to the prevailing laws. The power of attorney shall be kept at the Tribunal clerk. The two specimens of the trademark required to be registered should be drawn on an ordinary paper either as print or a photo in the manner that the shape of the mark is shown. The paper shall be in a square form and the length of each side must be eighteen cms. The specimen shall be drawn in the center.
3) If the trademark is drawn graphically on the products or otherwise or if the specimen is to be reduced due to the small size of the paper or if its shape is superior than the usual ones, the proprietor shall mention that in the two specimens which he intends to file through detailed drawings or a statement written down in the specimen clarifying therein the foregoing. The above mentioned drawings or the statement should be placed on the left side of the paper while the particulars shown in Chapter 7 shall be written on the right side of the paper.
4) One of the mark's specimens shall be pasted by the clerk of Tribunal to one sheet of a record prepared for such purpose according to the serial number of filings. The second specimen shall be sent in an envelope to the state archivist. The register should be made of ordinary paper of dimensions 24 cms. The sheets thereof shall be numerated and corrected by Chief of Tribunal or by the Judge acting on his behalf.
Third
Registration & Filing Procedures
1) The clerk of Tribunal shall prepare a report on the filing of each mark. It will be arranged and numerated in accordance with the above-mentioned register. The report shall include first the day and hour of filing, second, the name of the mark's proprietor and the name of his representative, third, the profession of the proprietor, his domicile and the nature of industry he is intending to use the mark for.
2) The said reports shall be arranged in order. Such number should be fixed on the two specimens. Further, these two specimens shall include the name of the mark's proprietor, place of residence and nature of products he intends to use the mark for. Upon the expiry of the period specified for the use of the mark and if the proprietor wishes to refile it, he must mention that in the specimens and filing report. The report and the two specimens should be corrected by the clerk of Tribunal, the proprietor or his representative. The applicant shall be provided with two copies of the filing report.
3) Two Riyals should be collected for the execution of the filing report for each mark.
4) The clerk of Tribunal shall prepare at the beginning of each year a schedule or an index on the marks filed with him during the preceding year.
5) The public may have an access to the books, report and schedules filed at the Tribunal as well as to the specimens of trademarks entered in the general register free of charge.
6) The validity of the registered trademark shall be for fifteen years. The propriety of the trademark may be kept for further fifteen years under a new filing.
Fourth
Payable Fees
Application for Industry or Commerce or Services Marks.
Nature of Application Amount in Dinar
Application for filing or renewal of a trademark (Sixty) 60
Application for the publication of a filed or renewed mark (Six) 6
Application for the registration of each item of products or services (Ten) 10
Application for the delivery of trademark registration certificate (Six) 6
Application for publication of delivering trademark registration certificate (Six) 6
Application for the inquiry about prior filing in other countries each priority should be reported (Ten) 10
Application for the abandonment of trademark use (Five) 5
Application for the publication of abandonment of trademark use (Six) 6
Application for the registration of trademark assignment except assignment under succession 1/4% of the value.
Application for another registration of licence for the exploitation of the mark 1/4% of the value.
Application for another registration or cancellation of a registration (Fifteen) 15
Local application for international registration (Twenty) 20
Application for the delivery of facsimile of the registration certificate (Five) 5 of a trade
Application for the delivery of a copy of the collective mark use for each page (Ten) 10
Application for the delivery of a facsimile of the drawing contained in the trademarks register or a certificate for the non availability of any drawing (Five) 5
Additional application for the renewal of the mark for each month of delay provided that it may not exceed 6 months (Ten) 10
Application for the correction of mistakes on each mark (Five) 5
Application for the priority of the registered mark (Ten) 10
Application for the provision of written advices (Six) 6
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Abu-Ghazaleh Intellectual Property Bulletins
For further information you make also like to view the Intellectual Property Bulletins published monthly by The Abu-Ghazaleh Group.
