TRADEMARK REGISTRATION GUIDE

IN ALGERIA

Presented By

Mohamed EzzTrademark Attorney

GENERAL INFORMATION

Full name: The People's Democratic Republic of Algeria

Population: 34.4 million (UN, 2008) Capital: Algiers Area: 2.4 million sq km (919,595 sq miles)

Major languages: Arabic, French, Berber Major religion: Islam Life expectancy: 71 years (men), 74 years

(women) (UN)

GENERAL INFORMATION

Monetary unit: 1 dinar = 100 centimes Main exports: Oil, gas GNI per capita: US $3,620 (World Bank,

2007) Internet domain: .dz International dialling code: +213

LEGAL BASIS

Ordinance No. 03-06 of July19, 2003

Implementing Decree No. 05-277 of

August 2, 2005

MEMBERSHIP IN INTERNATIONAL

CONVENTION

Paris Convention for the protection of Industrial Property, Stockholm Act, since March 1st 1966.

Madrid Agreement for the Repression of False or Deceptive Indication Source on Goods, Stockholm Act, since July 5th, 1972.

Madrid Agreement Concerning the International Registration of Marks, since July 5th, 1972.

MEMBERSHIP IN INTERNATIONAL

CONVENTION

Nice Agreement Concerning the International Classification of Goods and Services, Stockholm Act, since July 5th, 1972.

Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Stockholm Act, since July 5th, 1972.

Convention Establishing the World Intellectual Property Organization (WIPO), since April 16th, 1975.

REGISTRATION PROCEDURES

Trademark application must be filed into five copies in the prescribed manner and form. Once a trademark application is filed, the filing receipt indicating the filing number and the filing date is issued

Algeria Trade mark Office will examine the application to ensure formal compliance. Trademark applications are not examined as to its registrability or against prior applications or registrations. Therefore, once formal compliance is secured The certificate of registration is issued after completing all the filing requirements.

REGISTRATION PROCEDURES

Trademarks are published after the registration and there is no provision for filing opposition to the registration of a mark. Also, there is no provision for appealing the Registrar’s decision issued in favour or against the registration of a trademark.

The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement 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.

REGISTRATION PROCEDURES

One Trademark application may include goods and/or services in any number of classes against payment of an additional fee to cover the additional classes.

Time Frame to obtain certificate of registration from Algerian Trademark Office is approximately between 6-9 months.

REQUIRED DOCUMENTS

1) A Power of Attorney in French simply signed.

A separate POA should be submitted for each application.

The power must include the name and the quality of the signatory. Such document can be provided within a period of 6 months starting from the application filing date. Extension of time is not possible.

REQUIRED DOCUMENTS

2) Official Copy of the Priority Document. If any priority is to be claimed.

Priority document can be provided within a period of 6 months starting from the mark filing date. Extension of time is not possible.

If a convention priority is to be claimed in Algeria, the number, date and country of the basic foreign application.

REQUIRED DOCUMENTS

3) A The name, nationality, address and profession or nature of business of the applicant.

4) List of the goods to be included in the application.

5) 15 prints of the mark

REGISTRATION PERIOD/RENEWALS

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 to be filed within a grace period of six months before the expiration date of the registration.

Late renewal a trademark registration is allowed within a grace period of two months against payment of lateness fine. During this period the mark can not be re-filed by a different applicant.

ASSIGNMENT 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. Recording a license is possible and an unrecorded license is invalid.

Required Documents 1) A simply signed Power of Attorney by the assignee.

2) A duly notarized deed of assignment signed by the assignor and the assignee.

3) The name and address of the assignee.

4) The number and date of the registered trademark/service mark

TRADEMARK PROTECTION

Disputes about ownership

If a registered mark is confusingly similar to his own, the proprietor of a registered trademark may apply for the cancellation of this mark within five years of the filing date of that mark.

User Rights and Obligations

Use of trademarks in Algeria is not compulsory for filing applications for registrations not for maintaining trademark registration 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

TRADEMARK PROTECTION

User Rights and Obligations

The registration of a mark shall entitle its owner to the property thereof on goods and services he determines thereto

It shall be permissible to use the right granted under the mark registration towards the third party who commercially uses a mark, symbol or trade name that is confusingly similar for identical or similar goods and services without the permission of the owner.

The owner of a well-known mark in Algeria shall have the right to prevent others from using his mark without permission

TRADEMARK PROTECTIONUser Rights and Obligations

A cancellation action relies basically on establishing sufficient grounds that the trademark in question has not actually been used seriously for a period more than three uninterrupted years after filing the application or if the use ceases for the same.

The above rule shall not be applied if one of the following cases exists:

1) That the failure of use does not last for more than three years.

2) Before the end of said deadline, the owner brings the evidence that serious circumstances justify the failure of use; in this case an extension of the deadline not exceeding two years will be granted

TRADEMARK PROTECTION

Trademark Infringement

Any infringement or unauthorized use of a registered trademark is punishable under the provisions of the Algerian law concerning the protection of Intellectual Property rights.

Should you have any further Information, please feel free to contact

me at

Mohamed.ezz.ragheb@windowslive.com

Thank You