In this post we talk about:
Which kind of trademarks can be registered in Algeria
According to the Trademarks Law of Algeria, the following may be included in the category of trademarks: all symbols representable in writing, especially words including persons’ names, letters and numbers, drawings, pictures, forms distinguishing goods or packages thereof, and colors or combination thereof used of distinguish goods or services of a natural or nominal person from the goods and services of someone else.
Trademark filing and registration of a trademark in Algeria
Algerian Patent and Trademark Office (INAPI) carries out the examination of the trademark application and issues a refusal in case of absolute grounds of invalidity (for example, the trademark descriptive or trademark deceptive) or relative grounds of invalidity (for example, existence of similar and/or identical earlier trademarks).
In case there are no grounds for refusal (or the refusal has been overcome), the trademark is registered and a certificate of registration is issued. The trademark registration is then published on the Trademark Bulletin and third parties interested in can act in order to obtain the radiation of the registered trademark.
Validity and duration of a trademark in Algeria
The term of duration of the registered mark shall be ten years from the application date and can be renewed indefinitely, each time for ten years.
There must be a serious use of the mark on goods or the packages thereof, or related to the services identified by such mark. Non-use of the mark shall entail its cancellation except in the following cases:
- if non-use has not continued for more than three consecutive years without interruption;
- if the mark owner has not submitted, prior to the expiration of this period, an evidence on that difficult circumstances precluded the use thereof. In this case, it shall be permissible to extend the period for no longer than two years.
The use of the mark by the licensee shall be considered as the use made by the owner of the mark.
The mark owner shall have the right to file a lawsuit against any person who has counterfeited or is counterfeiting the registered mark. The same right shall be exercised against any person who has conducted or is conducting acts that suggest a future counterfeit.
The mark may be wholly or partially transferred but the assignment cannot mislead with regard, in particular, to the nature, source, method of manufacture, characteristics or the usability of goods or services included in the mark.
It is also possible to grant a license, exclusive or non-exclusive, for all or part of the goods or services for which the mark has been filed or registered.
Eva Troiani law firm is at your disposal for further clarification on how to register a trademark in Algeria.