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Filing of application up to actual registration of trademark takes an average of 24-36 months.
No. Registered trademarks in Algeria are protected only within its territories.
Yes. A power of attorney is necessary for the completion of a trademark application.
There are no benefits from pre-filing use of a trademark.
Yes. Third parties may attack a registered trademark and request for its cancellation on the ground of non-use.
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.
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.
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
Yes. The Nice Classification System is applicable in the jurisdiction of Algeria.
The Community Trademark is not applicable for 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 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.
The registered trademark is valid for 10 years starting from the application date.
The first renewal date will take place 10 years after the date of filing of application.
It is legal to use an unregistered trademark for any products or services.
Registration is mandatory to establish rights to a trademark; this is a "first to file" jurisdiction.
The trademark national office is accessible online by visiting this link: www.inapi.org
Actual use or intent to use is not a requirement for application.
No. Applications for trademark cannot be opposed.
No one can contest a trademark application in Algeria.
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.
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
There is no provision available for opposition.
Algeria is a signatory of the Madrid Protocol and Madrid Agreement international treaties.
No. Periodic statements of use are not a requirement.
Renewals must be made every 10 years.
The first renewal date will take place 10 years after the date of filing of application.
It’s necessary to present a power of attorney in order to renew a trademark.
A grace period of 6 months is provided for expired trademarks.