Algeria is a member to the Paris Convention for the Protection of Industrial Property as of March 1, 1966 and a party to the Madrid Agreement concerning international registration of trademarks (Act of Stockholm of 1967) as from July 5, 1972. The international classification of goods and services for the purpose of registration of marks is followed in Algeria. 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. Trademark applications are not examined as to their registrability against prior registrations. The certificate of registration is issued after completing all the filing requirements. Trademarks are published after the registration and there is no provision for filing opposition to the registration of a mark.
A trademark registration is valid for ten years from the date of filing the trademark application. Thereafter, a trademark registration is renewable for periods of ten years each upon application and payment of the prescribed renewal fees. A grace period of six months is allowed for late renewal of a trademark registration against payment of a fine.
The assignment of a trademark should be recorded after prior approval of the minister concerned but presently this provision is not applicable in Algeria. Unless it is entered in the records of the Trademark Office, an assignment shall not be effective vis-a-vis third parties. 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. Recordal of license is possible and an unrecorded license is invalid.
Use of trademarks in Algeria is not compulsory for filing applications for registrations nor for maintaining trademark registrations in force. However, a trademark registration is vulnerable 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 one year after filing the application or if the use ceases for over one year.
Any infringement or unauthorized use of a registered trademark is punishable under the provisions of the current Trademark Law.
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
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