Tunisia

Trade Mark

Forms part of

No
ARIPO
No
OAPI
Yes
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

10th edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Tunisia is a party the Madrid System for International Registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Tunisia follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 14 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Tunisia.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT
Patent and design protection only available by filing OAPI

OAPI

ARIPO

International Arrangements

Paris Convention;

WTO/TRIPS;

PCT; and

Budapest Treaty.

Types of Patents

Patents of inventions; and

Divisional patents

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

A 12-month grace period is provided for.

Examination procedure

Patent applications are examined as to compliance with formal requirements. 

Duration & Maintenance

A patent is valid for 20 years from filing date of application.

Maintenance fees are payable on pending applications, and are payable annually calculated from the filing date.

A six months grace period is provided, subject to payment of surcharges. If the renewal fee is not paid, the patent lapses.

Working Requirement

A patent must be worked within four years from the date of filing, or three years from grant (whichever is earlier).  

A court may grant a compulsory licence on the ground that the invention has not been worked in Tunisia.

Design

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
An industrial design enjoys protection for any new design, any new three-dimensional form, or any new industrial product which differs from those similar to it, either in terms of a distinct and recognisable configuration conferring on it a character of novelty, or through one or more external effects which add to it a special and new appearance.

OAPI

ARIPO

International Arrangements

Paris Convention for the Protection of Industrial Property;

Hague Agreement; and

WTO/TRIPS.

Classification

No provisions.

Novelty Requirements

No provisions.

Grace Period/Prior knowledge

No provision.

Examination procedure

Design applications are examined as to compliance with formal requirements only.

Duration & Maintenance

An industrial design endures for an initial period of five years and may be renewed (on application) for a ten-year or 15-year period from date of filing.

Renewal fees for the whole period for which protection is sought is due with the filing of the application.

Working requirement

No provision.