Does having a registered trademark in Algeria give me any right?
Registration is mandatory to establish rights to a trademark; this is a "first to file" jurisdiction.
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.
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