Summary of the guide:
- Laws relating to Trademark in Tunisia
- Trademark registration process in Tunisia
- How long does it take to get a trademark registration in Tunisia?
- Examination criteria for trademarks in Tunisia
- Costs for trademark registration in Tunisia
- How long is a trademark protected for?
- When does the protection of a trademark in Tunisia start?
- What trademark classes are available in Tunisia?
- What are the documents required for trademark protection in Tunisia?
- What are important deadlines for trademark protection in Tunisia?
- Are international trademarks available in Tunisia?
- National Vs International trademark in Tunisia?
- Local tips for trademark registration in Tunisia
- Service level guarantee for trademark registration in Tunisia
Laws relating to Trademark in Tunisia
In Tunisia, trademarks are protected under the Tunisian Code of Industrial Property, which was last amended in 2016. The Code provides for the registration and protection of trademarks in Tunisia.
Trademark registration process in Tunisia
A smooth trademark registration generally passes through three phases:
Filing– file an application for trademark registration with the Tunisian National Institute of Standardization and Industrial Property (INNORPI).
Publication – after the end of the examination period, the application will be published. Any interested party may oppose the registration of the trademark within 30 days of publication.
Registration – is no official objections are raised after the publication, the trademark will be finally registered, and a certificate of registration will be issued by the INNORPI.
After filing a trademark at the trademark office, and settling official fees relating to filing the trademark, the examiners at the INNORPI will examine the trademark application. The examination process usually takes 12 months.
How long does it take to get a trademark registration in Tunisia?
It takes between 6 to 12 months to receive a trademark registration certificate.
Examination criteria for trademarks in Tunisia
The examination criteria are both on absolute grounds and relative grounds:
Absolute grounds for trademark refusals in Tunisia are:
Trademarks that are devoid of any distinctive character.
Trademarks exclusively consist of signs regularly used in trade, to refer to a type, kind, quality, quantity, intended purpose, value, geographical origin, or other characteristics relating to the goods or service the trademark is registered on.
Trademarks which exclusively consist of signs or indications that are used in the normal course of the trade.
Trademarks that are contrary to public policy.
Trademarks that are contrary to public morals and ethics.
Trademarks that deceive the public, as to the nature, quality, or source of the goods or services.
Trademarks which include public emblems, flags, and other symbols relating to the state, Arab, or international organizations, or one of their institutions, or a foreign state unless so authorized by it, as well as any imitation of such emblems, flags, or symbols.
Trademarks include symbols of the Red Crescent or Red Cross and other similar imitating symbols.
Trademarks that are similar to or resemble symbols of a purely religious character.
Trademarks are geographical names whose protection or use create confusion as to the origin or source of the goods, the products, or the services.
Trademarks are essentially the name, surname, picture, or emblem of a third party unless prior approval is provided.
Trademarks which are indications of honorary distinctions that the applicant for registration cannot prove.
Relative grounds for trademark refusals - assess whether a trademark application filed in Tunisia may confuse due to the similarity with a previously registered or famous trademark locally.
Costs for trademark registration in Tunisia
Costs relating to trademark registration are both official and professional. Official fees are fees paid to the government for processing your trademark registration and are required to be paid for each phase of the process.
Professional fees for trademark registration
Our professional fees range from USD160 to USD299 depending on the package you choose. Once you are ready to start, choose the package you want and you will see the total official fees and professional fees for each package.
Official fees for trademark registration
In Tunisia the total official fee for trademark registration is USD380.
How long is a trademark protected for?
A trademark is valid for 10 years from the filing date.
When does the protection of a trademark in Tunisia start?
Trademark registration is valid for 10 years calculated from the filing date. To maintain protection after 10 years, a brand owner should renew the trademark by filing a renewal application.
What trademark classes are available in Tunisia?
Tunisia follows a multi-class trademark system, which allows applicants to file a single application for registration of a trademark in multiple classes of goods or services.
An applicant can protect a trademark on all 45 classes. Tunisia's trademark system is a multi-class system.
What are the documents required for trademark protection in Tunisia?
A Power of Attorney
To protect your trademark in Tunisia you will need a power of attorney.
If you are a resident or a national of Tunisia, then the power of attorney should be notarized.
If you are not a resident nor a national of Tunisia, then the power of attorney should be simply signed.
Trade License / Commercial Certificate / Certificate of Good Standing:
If you are a resident or a national of Tunisia, a copy of the trade license is sufficient.
If you are not a resident nor a national of Tunisia, there is no requirement to submit a trade license.
What are important deadlines for trademark protection in Tunisia?
The documents can be submitted 60 days after filing.
Are international trademarks available in Tunisia?
An international application can designate Tunisia.
If you want to register your trademark internationally and target specific countries, you can designate Tunisia through an international application, which you will have to go through a trademark registration process in Tunisia.
National Vs International trademark in Tunisia?
The national application route is more efficient than the international route, and the requirement for a POA is simply signed so there is minimal friction to the owner of a trademark.
Local tips for trademark registration in Tunisia
Submit a clear and distinctive representation of your trademark to facilitate the examination process. This can include a logo, a wordmark, or a combination of both.
Choose the correct trademark class(es) for your products or services to avoid any potential issues with your registration.
Check if your trademark has any meaning in both arabic and french.
Service level guarantee for trademark registration in Tunisia
If you require approval from management, you can print this page and obtain approvals. Remember to choose the package you want. If you are not a lawyer, we recommend you choose the premium package. We have individually vetted all trademark agents, and have provided them with a proprietary system owned by Easy Trademarks to guarantee the level of service you will receive.
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