English
The average time frame for the registration approval is 14 months, if no objections or oppositions arise.
The territorial limit of registration is Tunisia.
Yes, a power of attorney is necessary.
An applicant does not benefit from pre-filing use of a trademark.
Attack on the ground of non-use is available. It could be cancelled by any interested third party.
- words
- names
- devices
- certain three-dimensional shapes
- colors
- slogans
- sounds
- trade dress/get-up
- holograms
- motion
- collective marks
- certification marks
- well-known marks
- service marks
The order of the application process is examination, publication, and registration
Applications don’t go through examination procedures. . The trademark is registered in the absence of opposition.
The following application details are made available to the public:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- application number
- application date
- goods/services
- priority claim information
- representation of trademark
- marks contrary to moral standards or public order
- generic terms
- names, flags or symbols of states, nations, regions or international organizations
- non-distinctive trademarks
- principally as surnames
- geographic location names
Tunisia uses the Nice Classification System.
Tunisia is not a member of the European Union; hence, the Community Trademark is not effective in this jurisdiction.
- If an applicant's home country is a signatory to the Paris Convention.
- If the home application was filed within 6 months prior to the application in this jurisdiction.
- If an applicant's home country is a member of the World Trade Organization.
- An International Registration can be designated in Tunisia.
A trademark must be used within five years from the filing date.
The amount of use must be on a commercial scale and must occur in Tunisia.
The initial term of a registration is 10 years calculated from the application date.
The first renewal date of a registration is 10 years from the application filing date.
Use of an unregistered mark for any goods or services is legal. However, it does not provide any legal right to the owner. Rights are obtained primarily through registration.
Registration is obligatory to obtain rights in a trademark. Tunisia follows the "first to file" principle.
The national office is not accessible online.
Neither actual use nor intent to use is required for application.
The following can be grounds for opposition:
- proprietary rights
- notorious or well-known mark
The owner of an earlier right can oppose a trademark application.
The following can be grounds for cancellation:
- proprietary rights
- notorious or well-known mark
- trade names
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to file an opposition case against later conflicting applications
- the right to file a cancellation case against a later conflicting registration
- the right to sue third parties for infringement
- the right to license interested parties to use the trademark
- the right to request for counterfeit goods to be seized by customs authorities
- the right to receive compensation for infringement
The opposition period begins on the publication date.
The opposition period ends 60 days after the publication date.
Tunisia is a member of the Madrid Protocol. However, this jurisdiction is not a signatory of the Madrid Agreement. International application may not be designated in this jurisdiction.
Proof of use based on invoices is required.
Subsequent renewals last for a period of 10 years from the renewal date of the registration.
The first renewal date of a registration is 10 years from the application filing date.
A power of attorney is required for renewal.
There is no grace period provided for expired trademarks.