Protecting your trademark in Tunisia: the complete INNORPI guide

Why protect and file your trademark in Tunisia?

Your trademark contributes directly to the identity and image of your startup. It is therefore essential to ensure its protection.

Protecting a trademark means obtaining exclusive rights to exploit it and therefore the right of ownership. Only by filing your trademark will you be able to prevent a third party from using it without the startup's consent and, where the conditions are met, to take action for infringement.

Trademark ownership in Tunisia is acquired through registration with the National Institute for Standardization and Industrial Property, better known as INNORPI.

For a Tunisian startup, a foreign company entering the Tunisian market or a project targeting North Africa, trademark protection should be anticipated before any major public communication.

What are the steps prior to filing a trademark in Tunisia?

Under Law No. 2001-36 of April 17, 2001 on the protection of trademarks, trade marks and service marks, as amended by Law No. 2007-50 of July 23, 2007, several steps must be followed before filing your trademark in Tunisia.

Step 1: define the list of goods and services covered

Based on the Nice Classification, the startup must determine the classes in which it wishes to file its goods or services.

For example, a startup in the automotive sector may file its trademark under class 12, which notably covers land vehicles and vehicles for locomotion, as well as in any other relevant classes depending on its activity.

The Nice Classification is available through the World Intellectual Property Organization. It allows goods and services to be classified in order to define the exact scope of trademark protection.

Type of project	Frequently relevant classes	Point of attention
Mobile app / SaaS	Software, technology services, online platforms	Do not only protect the company name.
Fintech	Software, financial services, payment services, digital platforms	Also check applicable regulatory constraints.
E-commerce	Online sales, advertising, marketed products, logistics	Cover the marketplace and strategic product categories.
Edtech	Training, software, digital content, educational services	Anticipate content, programs and certifications.
Product brand	Classes corresponding to the products marketed	Plan for future range extensions.

Step 2: carry out a prior art search

You must also verify that the trademark is available, meaning that it does not reproduce a sign already benefiting from an earlier right for goods or services similar to those of the startup.

INNORPI may, on request, carry out prior art searches to confirm the availability of a trademark before proceeding with its registration.

Step 3: identify the applicant or representative

Any natural or legal person domiciled in Tunisia or owning an industrial or commercial establishment may register a trademark in Tunisia. There may be a single applicant or multiple applicants.

For an individual applicant, filing may be carried out either by the interested party or by their representative. In the case of multiple applicants for the same application, a common representative must be appointed.

An applicant domiciled abroad must designate a representative established in Tunisia. The representative's power of attorney must specify the scope of the mandate.

What documents should you prepare for the trademark filing?

For each trademark, the applicant must submit an application containing the following documents:

• a registration request in two copies, on forms provided by INNORPI;
• the applicant's first and last name and address, or the company name and registered office if the applicant is a legal entity;
• the model of the trademark in five copies, not exceeding 10 cm per side;
• the list of goods or services designated by the trademark and the corresponding classes;
• the indication, where applicable, that the applicant claims a priority right attached to a prior filing made abroad;
• a receipt of payment of the filing fees to INNORPI;
• the representative's power of attorney indicating the first names, last names and addresses of the principal and the representative, signed by the principal;
• proof of use if the distinctive character of the sign filed as a trademark has been acquired through use.

The representative's power of attorney is exempt from legalization, stamp duty and registration. It must specify the scope of the mandate. Unless stipulated otherwise, this power extends to all acts affecting the trademark, including notifications provided for by law.

How do you file with INNORPI?

INNORPI's mission is to receive and examine trademark and trade mark filing applications, register them and publish them.

INNORPI also receives and registers acts affecting industrial property rights, such as license agreements, assignments and the related taxes.

INNORPI has the following locations:

• Tunis: Cité El Khadhra, 1003 Tunis;
• Sfax branch: INNORPI Sfax, 1 rue Bejaya, 3002 Sfax;
• Sousse branch: rue Mongi Bali, immeuble Hajri, 2nd floor B24.

The trademark registration application must be filed physically with INNORPI.

Filing by mail is not admissible. Only correspondence relating to additional documents of the filing application may be accepted. Such correspondence must reference the application number and, where applicable, be accompanied by the proof of payment of the required fee.

How much does it cost to file a trademark in Tunisia?

The fees related to filing a trademark in Tunisia include filing fees, fees per class, renewal fees, certificate fees and, where applicable, prior art search fees.

Formality	Indicative amount	Comment
Trademark filing with one class	TND 595.600 incl. VAT	Basic administrative fee for filing.
Renewal of the filing	TND 774.100 incl. VAT	Renewal for a new protection period.
Additional class at filing	TND 119.000 incl. VAT	Expected when several classes of goods or services are covered.
Additional class at renewal	TND 178.500 incl. VAT	Additional cost per class at renewal.
Issuance of the registration certificate	TND 95.800 incl. VAT	Certificate constituting the trademark title of ownership.
Prior art search	TND 36.300 incl. VAT	Search for an identical or similar trademark.

These amounts correspond to the information indicated in the original page content. They must be verified before any actual filing, as administrative fees may change.

What does the INNORPI examination procedure involve?

From the submission of the complete application, INNORPI carries out a formal and substantive examination to ensure that the trademark is, among other things, distinctive and compliant with public policy.

The duly filed registration application is then published by INNORPI in INNORPI's official bulletin within a maximum period of 12 months.

An opposition may be filed against this application with INNORPI. This opposition may be filed by:

• the owner of an earlier protected or filed trademark;
• the beneficiary of a priority right to register a trademark;
• the owner of an earlier well-known trademark;
• the beneficiary of an exclusive exploitation right, unless otherwise stipulated in the contract.

The opposition must be filed within two months following the publication of the trademark registration application with INNORPI's legal representative.

National registration and trademark certificate

When the registration application is accepted, is not rejected by the administration, and no opposition is filed within two months of publication, the trademark is registered.

The registered trademark is then entered in the National Trademark Register. This entry is published in INNORPI's official bulletin within a maximum period of 12 months from the registration date.

Following this registration, INNORPI issues the applicant a trademark registration certificate against payment of fees. This certificate constitutes a title of ownership of the trademark.

How and when should you renew the trademark registration?

Trademark registration provides protection for a period of 10 years from the date the application is filed.

This period is indefinitely renewable for the same 10-year period, which runs from the expiration of the previous period.

The renewal is carried out by simple written declaration if the renewal does not involve any modification of the sign or extension of the list of goods and services.

If the startup wishes to modify its logo, extend the classes or protect new goods or services, a new filing may be required.

How do you file the trademark in other international jurisdictions?

The applicant may also protect the trademark in other countries through the Madrid System, administered by the World Intellectual Property Organization.

Several steps must be followed:

• file the trademark nationally with INNORPI;
• select the countries in which the applicant wishes to protect the trademark;
• verify that these countries can be designated under the Madrid System;
• file the international registration application with INNORPI, which acts as the office of origin.

It is also possible to file your trademark within specific regions:

• within the European Union with the European Union Intellectual Property Office;
• in French-speaking sub-Saharan Africa with the African Intellectual Property Organization (OAPI);
• in other strategic countries depending on the target market, clients, partners and expansion strategy.

It is recommended to make international filings within a period of six months, the priority period, from the date the national trademark was filed. This allows the protection to take effect from the date of the initial filing in Tunisia.

For startups targeting several African markets, it is often relevant to consider a strategy combining a local filing in Tunisia, an OAPI filing, a Moroccan filing or an international extension depending on the countries targeted.

What are common mistakes startups make in Tunisia?

Protecting your intellectual property is essential to safeguard your startup's intangible assets. Yet several mistakes come up repeatedly when filing trademarks.

Mistake	Consequence	Best practice
Filing too late	Risk that a third party files or uses a similar sign before you.	File before public launch and significant marketing spend.
Filing in the founder's name	Possible conflict between the founder and the company.	File in the company's name when the trademark is used by it.
Choosing the wrong classes	Insufficient protection if the activity develops.	Choose classes based on the real and future business model.
Ignoring the prior art search	Risk of opposition or conflict with an earlier trademark.	Carry out a search before filing and before public communication.
Not anticipating internationally	Protection limited to Tunisia while the project targets other markets.	Build a country-by-country or regional filing strategy.

We regularly host free workshops with Tunisian lawyers specialized in intellectual property to help entrepreneurs learn how to file their trademark in Tunisia, determine who can file the trademark or patent, understand filing costs, consider regional or international protection, and adopt the right reflexes in contracts with third-party providers.

To go further, also check our resources on trademark protection in Morocco, trademark filing with OAPI, our trademark filing service, and the review of commercial or tech contracts.

FAQ: filing a trademark in Tunisia

Useful articles and resources

To go deeper on trademark protection, the legal structuring of your startup and your expansion in Africa, also see:

• File your trademark with African Legal Factory;
• Protect your trademark in Morocco;
• Protect your trademark within OAPI;
• The founders' shareholders' agreement;
• The term sheet in the fundraising process;
• Fundraising in French-speaking Africa: understanding the types of funding rounds;
• Set up your company with African Legal Factory;
• Get a commercial or tech contract reviewed;
• Subscribe to the ALF newsletter.