English
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.