Trademark

Summary

Algeria is a member of the Paris Convention for theProtection of Industrial Property and the MadridAgreement Concerning the International Registration ofMarks.The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Algeria and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002. An application may include goods and/or services in any number of classes against payment of an additional fee to cover the additional classes. Once a trademark application is filed, the filing certificate indicating the filing number and the filing date is issued within approximately a week. Trademark applications are examined as to their registrability against prior registrations. The certificate of registration is issued upon completing all the filing requirements. Trademarks are published after registration and there is no provision for filing opposition to the registration of a mark.According to Trademark Law No. 03-06 of 2003, a trademark registration is valid for 10 years as of the filing date of the trademark application, and it is renewable for periods of 10 years, each upon application and payment of the prescribed renewal fees. A grace period of 2 months is allowed for late renewal of a trademark registration against payment of a fine.

The assignment of a trademark is possible with or without the goodwill of the business. Changes in the name and/or address of a registrant must be recorded. Recording a license is possible and an unrecorded license is invalid.Use of trademarks in Algeria is not mandatory for filing applications neither for registrations nor for maintaining trademark registrations in force. However, a trademark registration is subject to cancellation on the strength of a court decision obtained to this effect by any interested party. A cancellation action relies basically on establishing sufficient grounds that the trademark in question has not actually been used seriously for a period of 3 years after filing the application, or if the use ceases for more than 3 years. Any infringement or unauthorized use of a registered trademark is punishable under the provisions of the current law.

Procedure/Timeline
Filing Requirements

Trademark/Service Mark Applications
1. A simply signed Power of Attorney for each application in French.
2. A list of the goods to be covered by the application.
3. The name and address of the applicant.
4. A certified copy of the priority document. It must be submitted within a period of six months, in case it is claimed.

Renewal of Trademark/Service Mark Registrations
1. A simply signed Power of Attorney for each application.
2. The number and date of the registered trademark/service mark.
3. The name, address and nationality of the applicant.
4. Proof of use.

Assignment Applications
1. A simply signed Power of Attorney by the assignee.
2. A duly notarized deed of assignment signed by the assignor and the assignee.
3. The name and address of the assignee.
4. The number and date of the registered trademark/service mark.

License Applications
1. A simply signed Power of Attorney by the licensee.
2. A notarized license agreement executed by bothparties.
3. The name, address and nationality of the licensee.

Change of Name Applications
1. 1. A simply signed Power of Attorney.
2. A certified copy of the change of name document.
3. The number and date of the registered trademark/service mark.

Change of Address Applications
1. A simply signed Power of Attorney.
2. The number and date of the registered trademark/service mark.

Patent

Summary
General Information

International Agreements : Paris Convention & PCT.

Novelty Requirements : Yes – only locally

Claiming priority : Yes – based on Paris Convention

Examination : Patents are examined as to unity and form only. There is no examination as to the novelty of the invention.

Protection Period : 20 Years from filing date

Publication : Yes – in the Official Gazette

Annuity Payments : Annually starting from filing date

Grace period for Annuity payments : 6 months with fines.

Compulsory Licensing : Yes – due to lack of use for 3 years

Working or nominal working of Patents/Inventions : Yes

Procedure/Timeline
Filing Requirements
Patent Filing Requirements

1. A simply signed power of attorney for each application.
2. The name, address, nationality, and profession or nature of business of the applicant and the inventor.
3. A simply signed deed of assignment if the applicant is not the inventor.
4. A summary of the invention in French and Arabic (about 100 words).
5. Three copies of the specification and claims in French and Arabic.
6. Three sets of the formal drawings, if any.
7. A certified copy of the priority document for a convention application.

Patent Annuities
1. A simply signed power of attorney for each application.
2. The number and date of filing of the patent / design.
3. The name, address, and nationality of the applicant.

Assignment Recordal Requirements
1. A simply signed power of attorney by the assignee.
2. A duly legalized deed of assignment signed by the assignor and the assignee.
3. The name, address, nationality, and profession or nature of business of the assignee.
4. The number and date of registered patent.

License Recordal Requirements
1. A simply signed power of attorney by the licensee.
2. A legalized license agreement executed by both parties.
3. The name, address, nationality, and profession or nature of business of the licensee.

Industrial Design


Summary
General Information

Novelty Requirements : Designs created before filing the application are considered Novel.

Claiming priority : Yes

Examination : Yes – as to form only.

Protection Period : 10 Years total from filing date – Designs are firsts registered for only one year.

Extension Term : 9 Years – the applicant must request the extension either (1) During filing the application or (2) Within the first year of filing the application otherwise the application will be considered lapsed.

Grace Period for Extension Term : 6 Months.

Publication : Yes – in the Official Gazette after the expiration of the first year of protection unless the applicant request an earlier publication.

Opposition : None

Procedure/Timeline
Filing Requirements
Design Filing Requirements

1. A simply signed power of attorney.

2. Six (6) identical copies of representations of the design or two specimens of the actual design. Pictures of the design are requested instead of the short description of the design.

3. A certified copy of the priority document (if claiming Priority).

Design Annuities Requirements

1. A simply signed power of attorney.

2. The number and date of filing of the Design.

3. The name, address, and nationality of the applicant.