FAQ

T1: How long will it take to conduct a trademark search?
- A maximum of 40 days.

T2: Does Algeria use the international classification?
- Yes.

T3: Are there any goods or services for which the mark can not be registered?
- No.

T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
- It gives protection to all the goods in the class including the specified goods.

T5: Can a trademark be registered in the name of more than one applicant ( i.e. joint application)? If so, what are its requirements?
- Yes. No requirement needed for a joint application.

T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
- Yes; there is no deadline for the time being, but if filed early the certificate of registration would be issued early.

T7: Can one application cover more than one class of goods/services?
- Yes.

T8: May priority be claimed under the Paris Convention?
- Yes.

T9: What is the duration of protection of a trademark? From what date is it calculated?
- The duration of protection is 10 years, calculated from the filing date.

T10: Is marking mandatory?
- Marking is not mandatory; it is not mentioned in the law.

T11: In the event a trademark is not renewed in due time, and another company registers the same trademark, can the original owners oppose the registration or not?
- Yes they can within the grace period which is six months.

T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register by showing the correct details?
- A new simply signed power of attorney will be required for such procedure.

T13: Is use required before registration or for maintaining the registration in force?
- Use is required for maintaining the registration in force during the first year of protection.

T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
- Yes, if such use will be extended to the other goods during the protection period.

T15: In what way a 'use' of a trademark should be carried out?
- The product should be distributed in the market.

T16: Can the assignment of an application be recorded?
- Yes.

T17: Is it a mandatory requirement to record a license agreement? If not, why such a recordal is a preferable procedure?
- No; but recording license agreements for use by the licensees will maintain the protection of the registered marks.

T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
- Yes.

T19: Can an assignment be made without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
- No; the assignment should be based on goodwill. The minimum value of the assignment is one dollar. There is no tax based on the value mentioned.

T20: Can the trademark application be opposed and what is the opposition period?
- The publication of the marks in the Official Gazette is only to announce the registration of the marks, and not to expose them to potential acts of opposition. Any opposition should be by the court through cancellation action.

Address:

Centre Commercial et d'Affaires(El-Qods) 9th Floor, Office No. 09-22

P.O. Box: 148, Cheraga, Algiers, Algeria
Telephone: 21321341419
Fax: 21321341423
Email: algeria@agip.com
Contact: Gasmi Tahar (Mr)

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