Summary of the guide:
- Laws relating to Trademark in Algeria
- Trademark registration process in Algeria
- How long does it take to get a trademark registration in Algeria?
- Examination criteria for trademarks in Algeria
- Costs for trademark registration in Algeria
- How long is a trademark protected for?
- When does the protection of a trademark in Algeria start?
- What trademark classes are available in Algeria?
- What are the documents required for trademark protection in Algeria?
- What are important deadlines for trademark protection in Algeria?
- Are international trademarks available in Algeria?
- National Vs International trademark in Algeria?
- Local tips for trademark registration in Algeria
- Important Notes
- Service level guarantee for trademark registration in Algeria
Laws relating to Trademark in Algeria
The legal framework governing trademarks in Algeria is the Industrial Property Law No. 03-06 of 2003, which was later amended by Law No. 17-97 of 2017. This law sets out the requirements and procedures for the registration and protection of trademarks in Algeria.
Trademark registration process in Algeria
A smooth trademark registration generally passes through three phases:
Filing – you file the trademark at the TM department.
Publication – if the mark is accepted and not rejected, it will be published for 90 days.
Registration – after the opposition/publication period ends, you can pay the final registration fees and receive your trademark certificate.
How long does it take to get a trademark registration in Algeria?
It takes between 4 to 6 months to receive a trademark registration certificate.
Examination criteria for trademarks in Algeria
The examination criteria are both on absolute grounds and relative grounds:
Absolute grounds for trademark refusals in Algeria 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 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 Algeria may confuse due to the similarity with a previously registered or famous trademark locally.
Costs for trademark registration in Algeria
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 USD 299 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 Algeria the total official fee for trademark registration is USD580.
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 Algeria 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 Algeria?
Algeria 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. The Algerian trademark system is a multi-class system, but there is a limit of 3 classes per application. If you want to register your trademark in more than 3 classes, you need to file separate applications for each additional class.
What are the documents required for trademark protection in Algeria?
A Power of Attorney
To protect your trademark in Algeria, you will need a POA which is simply signed. An electronic signature in blue ink also works.
What are important deadlines for trademark protection in Algeria?
It is important to note that the non-use of a trademark for a continuous period of 5 years may result in the cancellation of the trademark registration.
Are international trademarks available in Algeria?
An international application can designate Algeria.
If you want to register your trademark internationally and target specific countries, you can designate Algeria through an international application, which you will have to go through a trademark registration process in Algeria.
National Vs International trademark in Algeria?
There is no substantial difference between national and international applications in Algeria.
Local tips for trademark registration in Algeria
- 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.
Important Notes
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Service level guarantee for trademark registration in Algeria
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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