Algeria
Country Data
| People’s Democratic Republic of Algeria
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| 44,700,000 (2021 estimate)
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| US$ 684.649 billion (PPP, 2019 estimate)
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Conventions/ Treaties
- Paris Convention (effective since March 1, 1966)
- Locarno Agreement on International Classification for Industrial Designs (effective since October 8, 1968)
- Nice Agreement (effective since July 5, 1972)
- Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (effective since July 5, 1972)
- Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (effective since July 5, 1972)
- Madrid Agreement Concerning the International Registration of Marks (effective since July 5, 1972)
- WIPO Convention (effective since April 16, 1975)
- Nairobi Treaty on the Protection of the Olympic Symbol (effective since August 16, 1984)
- Cultural Charter for Africa (effective since September 19, 1990)
- Berne Convention for the Protection of Literary and Artistic Works (effective since April 19, 1998)
- Patent Cooperation Treaty (effective since March 8, 2000)
- Patent Law Treaty (effective since June 2, 2000)
- Rome Convention (effective since April 22, 2007)
- WIPO Copyright Treaty (effective since January 31, 2014)
- WIPO Performances and Phonograms Treaty (effective since January 31, 2014)
- Madrid Protocol (effective since October 31, 2015)
- Beijing Treaty on Audiovisual Performances (April 28, 2020)
Trademark
National Legislation
- Ordinance No. 03-06 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Trademarks.
Basic Information
| First-to-file jurisdiction (subject to occasional exceptions)
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| Intent to use acceptable – prior use is not a prerequisite.
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| Though well-known marks are recognized in the national legislation, local notoriety thereof is an essential requirement. To ensure full protection, obtaining local registration of the mark is highly recommended.
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| Trademarks, Service Marks, Collective Marks.
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| 6-month priority claim under the Paris Convention.
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| Available – Algeria is a member of Madrid Union.
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| Multiple-class filing is available.
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| Nice Classification 11th edition.
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| (1) Individuals; (2) Corporate entities; (3) Joint application.
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| On formal, absolute and relative grounds.
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| In the Official Gazette after registration.
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| No provisions in the Law for opposition. However, nullification or cancellation of registered marks may be sought on certain grounds.
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Duration of registration:
| 10 years from the filing date – renewable for further periods of 10 years each upon request of the trademark owner within one year preceding the expiry date.
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| There is no use requirement for the registration of a mark – However, a trademark registration becomes vulnerable to cancellation in case of its non-use for a period of 3 consecutive years upon the request of an interested party.
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| 18 to 24 months (approximately)
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Search
| Available for word marks and device marks.
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| Includes all similar or identical applied-for and registered marks.
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Ways to Obtain Protection
- National application without or with priority claim under the Paris Convention.
- Applications under the Madrid System (under both the Agreement and the Protocol) designating Algeria.
New Applications
- A simply signed Power of Attorney from the applicant in French or Arabic or with verified French or Arabic translation. A separate Power of Attorney is required for each application.
- A certified copy of the priority document with verified French or Arabic translation, if priority is claimed.
Renewal of Registration
- A simply signed Power of Attorney from the proprietor in French or Arabic or with verified French or Arabic translation.
- A declaration or proof of use of the mark.
Change of Name / Address Recordation
- Simply signed Power of Attorney in the new name / address of the trademark owner in French or Arabic or with verified French or Arabic translation.
- A certified copy of Certificate of Change of Name / Address of the trademark owner with verified French or Arabic translation; duly legalized up to Algerian Consulate.
Assignment Recordation
- Simply signed Power of Attorney from the Assignee in French or Arabic or with verified French or Arabic translation.
- Deed of Assignment with verified French or Arabic translation; duly legalized up to the Algerian Consulate.
Merger Recordation
- Simply signed Power of Attorney from the surviving entity in French or Arabic or with verified French or Arabic translation.
- Merger document with verified French or Arabic translation; duly legalized up to the Algerian Consulate.
License Recordation
- Simply signed Powers of Attorney from the Licensor and the Licensee in French or Arabic or with verified French or Arabic translation.
- License Agreement with verified French or Arabic translation, duly legalized up to the Algerian Consulate.