Trademark Search in Algeria

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Frequently Asked Question
Is there a time frame for filing for a trademark registration?

Filing of application up to actual registration of trademark takes an average of 24-36 months.

If I register my trademark in Algeria, do I have protection in other territories?

No. Registered trademarks in Algeria are protected only within its territories.

Do I need to sign a Power of Attorney?

Yes. A power of attorney is necessary for the completion of a trademark application.

Are there any benefits from a pre-filing use of the trademark?

There are no benefits from pre-filing use of a trademark.

Will there be problems in case I don’t use my trademark after registration?

Yes. Third parties may attack a registered trademark and request for its cancellation on the ground of non-use.

What are the types of trademark that can be registered in Algeria?

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.

What are the phases of application after a trademark has been filed in Algeria?

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.

What type of trademark is not registrable?

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
Does Algeria use the "Nice Classification" system?

Yes. The Nice Classification System is applicable in the jurisdiction of Algeria.

Does the Community Trademark apply for Algeria?

The Community Trademark is not applicable for Algeria.

Is there any possibility to claim priority in 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
What do I need to do to satisfy the use requirement?

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.

Once my trademark has been registered, for how many years will be valid?

The registered trademark is valid for 10 years starting from the application date.

What will be the renewal date of my trademark?

The first renewal date will take place 10 years after the date of filing of application.

Is it legal to use my trademark even if it is not yet registered?

It is legal to use an unregistered trademark for any products or services.

Are there any rights established by having a registered trademark?

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
What is the web address of the trademark national office?

The trademark national office is accessible online by visiting this link: www.inapi.org

Is there any need to use my trademark before I apply for registration?

Actual use or intent to use is not a requirement for application.

Can a Trademark Application be opposed?

No. Applications for trademark cannot be opposed.

Who can contest my trademark application?

No one can contest a trademark application in Algeria.

Is it possible to cancel a registration?

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.
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

There is no provision available for opposition.

Is Algeria a member of the Madrid System?

Algeria is a signatory of the Madrid Protocol and Madrid Agreement international treaties.

Do I need to present periodic statement of use?

No. Periodic statements of use are not a requirement.

When should I renew my trademark?

Renewals must be made every 10 years.

What will be the renewal date of my trademark?

The first renewal date will take place 10 years after the date of filing of application.

What documents should I present when renewing a trademark?

It’s necessary to present a power of attorney in order to renew a trademark.

If my trademark expires, do I have a grace period?

A grace period of 6 months is provided for expired trademarks.

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