Tunisia
Country Data
Official Name: | Republic of Tunisia |
Capital: | Tunis |
Area: | 163,610 sq km |
Population: | 11,708,370 (2020 estimate) |
Official Language: | Arabic |
GDP: | US$ 159.707 billion (PPP, 2020 estimate) |
Currency: | Tunisian dinar (TND) |
Work Days: | Monday – Friday |
Conventions/ Treaties
- Paris Convention (since July 7, 1884)
- The Berne Convention (since December 5, 1887)
- Madrid Agreement (Indications of Source) (since July 15, 1892)
- Hague Agreement (since October 20, 1930)
- Nice Agreement (since May 29, 1967)
- Lisbon Agreement (since October 31, 1973)
- WIPO Convention (since November 28, 1975)
- Nairobi Treaty (since May 21, 1983)
- Vienna Agreement (since August 9, 1985)
- Cultural Charter for Africa (September 19, 1990)
- WTO/TRIPS Agreement (since March 29, 1995)
- Patent Cooperation Treaty (since December 10, 2001)
- UPOV Convention (since August 31, 2003)
- Budapest Treaty (since May 23, 2004)
- Madrid Protocol (since October 16, 2013)
- Marrakesh VIP (since December 7, 2016)
- Beijing Treaty (since April 28, 2020)
Trademark
National Legislation
- Law No. 2001-36 of 17 April 2001 on the Protection of Trademarks & Trade Services as amended by Law No. 2007-50 of 23 July 2007.
Basic Information
Creation of rights: | First-to-file jurisdiction (subject to occasional exceptions) |
Basis for filing: | Intent to use acceptable – prior use is not a prerequisite. |
Well-known marks: | Special protection may be available. Nevertheless, local registration of the mark is highly recommended. |
Types of marks: | Trademarks, Service Marks, Collective Marks. |
Priority: | 6-month priority claim under the Paris Convention. |
Madrid System: | Available – Tunisia is a member of the Madrid Union. |
Filing system: | Multiple-class filing system is available; a single application may cover any number of classes of goods and services. |
Classification: | Nice Classification 11th edition. |
Who can be Applicant: | (1) Individuals; (2) Corporate entities. |
Examination: | On formal and absolute grounds. |
Publication: | In the Trademark Official Gazette. |
Opposition period: | 2 months from the date of publication. |
Duration of registration: | 10 years from the filing date – renewable for further periods of 10 years each upon request of the trademark owner within six (6) months preceding the expiry date. |
Renewal grace period: | No provision. However, it is possible to request the restoration of the prior rights. |
Use requirement: | A trademark registration becomes vulnerable to cancellation upon the request of an interested party in case of non-use of the mark for a period of 5 consecutive years. |
Registration timeframe: | 14 to 16 months (approximately) |
Search
Official Search: | Available for i) word marks; and ii) device marks |
Scope of search: | Includes all applied-for and registered marks |
Turnaround time: | 3 working days. |
Ways to Obtain Protection
- Filing of national application with or without priority claim under the Paris Convention
- Applications under the Madrid System
Filing Requirements
New Applications
- A simply signed power of attorney from the applicant.
- A certified copy of the priority document, if priority is claimed.
Renewal of Registration
- A simply signed power of attorney from the trademark proprietor.
Change of Name / Address Recordation
- A simply signed Power of Attorney in the new name/ address of the owner.
- A certified copy of Certificate of Change of Name/ Address of the owner.
Assignment Recordation
- A simply signed Power of Attorney from the Assignee.
- Assignment document, duly notarized.
Merger Recordation
- A simply signed Power of Attorney from the surviving entity.
- Merger document, duly notarized and legalized up to the Tunisian Consulate.
License Recordation
- Simply signed Powers of Attorney from the Licensor and the Licensee.
- License agreement, duly signed by both the parties and notarized.
Note: French or Arabic translation is required if the documents are in other languages.
