Protect Your Brand In Tunisia

YOUR BRAND CONTRIBUTES TO YOUR START-UP’S IDENTITY AND IMAGE. IT IS THEREFORE ESSENTIAL TO PROTECT IT.

1. WHY PROTECT AND REGISTER YOUR BRAND?

Protecting a brand means obtaining the exclusive rights to use it, and therefore the absolute right of ownership. Only by registering a trademark can a third party be prevented from using it without the start-up’s consent, and from taking action for infringement.

Trademark ownership is acquired in Tunisia by registration with the Institut National de la Normalisation et de la Propriété Industrielle (INNORPI).

2. WHAT ARE THE PRELIMINARY STEPS INVOLVED IN REGISTERING A TRADEMARK IN TUNISIA?

In accordance with Law No. 2001-36 of April 17, 2001 on the protection of trademarks and service marks (as amended by Law No. 2007-50 of July 23, 2007), in order to register a trademark in Tunisia, the following steps must first be taken:

• Step 1: Determine the precise list of goods and/or services covered by the trademark application:
  Based on the “Nice Classification”, it is necessary to determine the “classes” in which the start-up wishes to register its product or services (for example, an automotive start-up would register its trademark in class 12 “vehicles, land locomotion devices” and all other relevant classes). The Nice Classification is available on the following link: https: //www.wipo.int/export/sites/www/classifications/nice/fr/pdf/8_list_class_order.pdf
• Step 2: Perform a prior art search to verify the availability of the trademark to be registered:
  It is also important to check that the trademark is available, i.e. that it does not reproduce a sign that benefits from a prior right for goods or services that are similar to those of the start-up. INNORPI can carry out prior art searches on request, to ensure the availability of a trademark before registering it.
• Step 3: Identify the applicant or the representative authorized to file the application with INNORPI :
  Any individual or legal entity domiciled in Tunisia or having an industrial or commercial establishment may register a trademark in Tunisia. There may be a single applicant or a number of applicants:

Applicants domiciled abroad must appoint an agent established in Tunisia. The power of attorney must specify the scope of the mandate.

• Step 4: Prepare the trademark application :
  For each trademark, the applicant must submit a file containing the following documents:

3. HOW DO I SUBMIT MY APPLICATION TO INNORPI?

INNORPI’s mission is to receive and examine trademark applications, register and publish them. It also receives and registers all acts affecting industrial property rights, such as licensing agreements and assignments, as well as the related fees.

INNORPI is located at the following address:

The trademark application must be filed physically with INNORPI.

Mail-in applications are currently not accepted. Only correspondence concerning additional documents in the application file will be accepted. They must nevertheless quote the registration application number and be accompanied, where applicable, by proof of payment of the prescribed fee.

4. HOW MUCH DOES IT COST TO REGISTER A TRADEMARK?

Taxes break down as follows:

5. WHAT IS THE INNORPI EXAMINATION PROCEDURE FOR TRADEMARK APPLICATIONS?

Once a complete application has been filed, INNORPI carries out a formal and substantive examination to ensure that the trademark is distinctive and complies with public policy.

The duly filed application is then published by INNORPI in the INNORPI Official Bulletin within a maximum period of 12 months. An opposition to this request can be filed with INNORPI. This opposition can be made by :

Opposition must be filed with the legal representative of INNORPI within two months of publication of the trademark application.

6. NATIONAL REGISTRATION OF THE TRADEMARK BY INNORPI AND ISSUE OF THE TRADEMARK REGISTRATION CERTIFICATE

If the application for registration is accepted and not rejected by the authorities, or if no opposition is filed within two months of the application for registration, the trademark is registered.

The registered trademark is thus entered in the National Trademark Register.

This registration is published in INNORPI’s official bulletin within a maximum of 12 months from the date of registration.

Following registration, INNORPI issues the applicant with a trademark registration certificate, in return for a fee. This certificate constitutes title to the brand.

The owner of the trademark can thus exercise all rights over it.

7. HOW AND WHEN TO RENEW A TRADEMARK REGISTRATION?

Trademark registration provides protection for 10 years from the date of filing.

This period is indefinitely renewable for a further 10 years from the expiry of the previous period.

Renewal is effected by simple written declaration if the renewal involves neither modification of the sign nor extension of the list of products and services.

8. HOW TO REGISTER A TRADEMARK IN OTHER INTERNATIONAL JURISDICTIONS?

The applicant also has the option of registering his trademark in other countries under the “Madrid system”, of which ninety-nine countries are signatories, grouped together within the World Intellectual Property Organization (WIPO), which covers one hundred and fifteen countries.

To do this, follow the steps below:

It is also possible to register your trademark in the “regions”:

Filings should be made within six months (priority period) of the national trademark filing date. This will make it possible to benefit from the effects of protection from the date of registration of the trademark in Tunisia.

***

Protecting your intellectual property is therefore crucial to safeguarding your startup’s intangible assets. We regularly organize free workshops with Tunisian IP lawyers to help you :

• learn how to register your trademark in Tunisia ;
• find out who can register your trademark or patent in Tunisia;
• find out how much it costs to register your intellectual property in Tunisia;
• register your trademark outside France on a regional and international scale;
• learn to adopt the right reflexes to protect your intellectual property in your contracts with third-party service providers.