Trademarks

Law

Order (Act) No. 03-06 dated 19 Jumada I, 1424 corresponding to July 19, 2003 related to Trademarks - By vitrue of the Constitution, especially Articles 38, 52,122 and 124 therein.

Conventions/Bodies

Algeria is a member of the Paris Convention for the Protection of Industrial Property and the Madrid Agreement Concerning the International Registration of Marks.

Classification

The International Classification of Goods and Services for the purposes of the registration of marks under the Nice Agreement is followed in Algeria and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002.

Duration

According to Trademark Law No. 03-06 of 2003, a trademark registration is valid for 10 years as of the filing date of the trademark application, and it is renewable for periods of 10 years each. A grace period of 6 months is allowed for late renewal of a trademark registration against payment of a fine. Evidence of use of the mark need to submit together with renewal application. 

Examination

Once a trademark application is filed, the filing certificate indicating the filing number and the filing date is issued within approximately a week. Trademark applications are examined as to their registrability against prior registrations. The certificate of registration is issued upon completing all the filing requirements. Trademarks are published after registration and there is no provision for filing opposition to the registration of a mark.

Use

Use of trademarks in Algeria is not mandatory for filing applications neither for registrations nor for maintaining trademark registrations. However, evidence of use of the mark need to submit at the time of renewal of trademark registration. A trademark registration is subject to cancellation on the strength of a court decision obtained to this effect by any interested party.

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.

Licensing

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

Infringement

Any infringement or unauthorized use of a registered trademark is punishable under the provisions of the current law.

IP Decisions KSA