It is legal to use an unregistered trademark for any products or services.
The first renewal date will take place 10 years after the date of filing of application.
The registered trademark is valid for 10 years starting from the application date.
The trademark must be used within 3 years from the date of filing. Use must be based on commercial scale and must occur within the jurisdiction of Algeria.
Yes. Priority can be claimed under the following conditions:
- The home country of the applicant is a signatory of the Paris Convention
- Home application was filed 6 months prior to application in this jurisdiction
The Community Trademark is not applicable for Algeria.
Yes. The Nice Classification System is applicable in the jurisdiction of Algeria.
Applicants cannot register the following:
- generic words,
- marks that are against public moral and order,
- name, flag or symbol of any state/nation/region or international organization
- marks that lack distinctive qualities
- names of geographic locations
Trademark application in Algeria goes through 3 phases namely examination, registration and publication. Opposition is not available. During the examination phase, the applicant’s eligibility is examined according to set requirements. The trademark is then registered and registration details are made accessible through publication.
Registrable signs include words, slogans, colours, names, devices, three-dimensional shapes and trade dress/get-up. All signs that can be recreated graphically and can distinguish a good/service from its counterparts are registrable. Collective marks, service marks and well-known marks are also registrable.
Yes. Third parties may attack a registered trademark and request for its cancellation on the ground of non-use.
There are no benefits from pre-filing use of a trademark.
Yes. A power of attorney is necessary for the completion of a trademark application.
No. Registered trademarks in Algeria are protected only within its territories.
Filing of application up to actual registration of trademark takes an average of 24-36 months.
No. Periodic statements of use are not a requirement.
Algeria is a signatory of the Madrid Protocol and Madrid Agreement international treaties.
There is no provision available for opposition.
Yes. The following rights are obtained through trademark registration:
- Exclusive right to use the trademark
- Right to issue license to third parties to use the trademark
- Right to request for a cancellation order against recent conflicting applications
- Right to take legal action or to file an infringement case against third parties that are using confusingly similar trademark
- Right to receive damages or compensation for infringement
- Right to request from customs officers for seizure or confiscation of counterfeit goods
Yes. Registrations are cancellable on the following grounds:
- Mark is descriptive, misleading, disparaging, deceptive and/or generic
- Mark is lacking in distinctiveness
- Mark violated third party proprietary rights
- Mark is consisting of geographical indication
- Mark violated moral principles or public policy
- Mark does not meet Use Requirements under Section VIII.A.
No one can contest a trademark application in Algeria.
No. Applications for trademark cannot be opposed.
Actual use or intent to use is not a requirement for application.
The trademark national office is accessible online by visiting this link: www.inapi.org
Yes. The following rights are obtained through trademark registration:
- Exclusive right to use the trademark
- Right to issue license to third parties to use the trademark
- Right to request for a cancellation order against recent conflicting applications
- Right to take legal action or to file an infringement case against third parties that are using confusingly similar trademark
- Right to receive damages or compensation for infringement
- Right to request from customs officers for seizure or confiscation of counterfeit goods
A grace period of 6 months is provided for expired trademarks.
It’s necessary to present a power of attorney in order to renew a trademark.
Renewals must be made every 10 years.
The first renewal date will take place 10 years after the date of filing of application.