Classification

The International Classification of Goods and Services (Nice Classification) is followed. A single application may cover more than one class.

Convention priority

Tunisia is a member of the Paris Convention. An applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the Tunisia application is filed within six months of such earlier filing date.Application

Applications are filed with the Ministry of Industry and Technology. Applicants residing outside Tunisia must be represented by a local agent.

The following information and documents are required:

  • Full particulars of the applicant
  • Power of attorney (simply signed), in French
  • List of goods and/or services to be covered, with a French translation
  • Prints of the mark, for each class
  • Certified copy of priority document (if applicable).

Examination/procedure

Applications are examined as to formal and substantive requirements.

As indicated above, a trade mark or a service mark is an apparent sign, which makes it possible to distinguish the goods presented or the services provided by a natural or a juridical person. The distinguishing characteristic of a sign which is to be used as a mark is evaluated with respect to the goods or services to which the mark extends.

The following signs and designations do not contain a distinguishing characteristic:

  • Signs or designations which are used in the regular or professional language by necessity to denote the goods or services
  • Signs or designations which can be used to denote any quality or attribute of the goods or services, in particular the type, quality, quantity, purpose, geographical origin, or the time of production or provision
  • Signs that are necessitated by the nature or function of the product.

Signs and designations may acquire a distinguishing characteristic through use.

Opposition

Specified third parties may oppose the application within two months from date of publication. Extensions of the time period are available at the discretion of the Registrar.

Duration and renewal

A trade mark registration is valid for an initial period of 10 years from the date of filing, and is renewable for periods of 10 years each, upon payment of the applicable renewal fees. Renewal must be effected within the last six months of the period of validity.

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