The current trademark regulations in Algeria are mainly based on the Trademark Law promulgated on July 19, 2003. The Algerian National Industrial Property Office is responsible for managing trademark affairs, with Arabic as the official language and French as the common language. Trademark exclusive rights need to be obtained through registration. The trademark registration in Algeria follows the principle of "application first".
Algeria is a party to international intellectual property treaties such as the Paris Convention, Nice Agreement, Lisbon Agreement, and is a member of the Madrid Agreement and Madrid Protocol. Therefore, trademark protection can be handled through either "single country registration" or "Madrid international registration".
Currently, Algeria adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Algeria include: text, name, graphics, three-dimensional identification, color combination, slogan, commercial appearance, etc.
If the applicant does not reside in Algeria, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of an Algerian trademark is: application - acceptance - examination - approval - issuance - announcement.
The application will be accepted approximately one week after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the review is approved, registration and certification will be granted. Non announcement objection system.
In a smooth situation, trademark registration in Algeria takes about 2 years; If it doesn't go smoothly and encounters rejection midway, the time will be extended to about 3 years.
The Algerian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
If a trademark is not used for three consecutive years from the date of application after registration, any interested party may apply to revoke the registered trademark; Except for cases where the power holder is unable to use it normally due to force majeure.
Any third party may declare the trademark invalid within 5 years from the date of registration, with the main reasons being:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. The trademark contains geographical indications;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.