Trademarks Law in Algeria
Trademark Law in Algeria
1. Legal Framework
Trademark protection in Algeria is primarily governed by:
Ordinance No. 03-03 of 19 July 2003 on Industrial Property (which covers trademarks, patents, industrial designs)
Implementing Decrees and Regulations
Algeria is a member of several international agreements, including:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (for international trademark registration)
TRIPS Agreement
African Intellectual Property Organization (OAPI) — Algeria is a member, and trademarks can also be registered through OAPI for protection across member states.
2. What Can Be Registered as a Trademark?
Algerian law allows registration of:
Words, names, slogans, letters, numbers
Logos, designs, shapes, colors, or combinations thereof
Three-dimensional marks (shapes of products or packaging)
Sound marks (under certain conditions)
Collective marks and certification marks
Marks must be capable of distinguishing goods or services of one enterprise from another.
3. Requirements for Registration
Distinctiveness: The trademark must be distinctive.
Non-Deceptiveness: Must not mislead regarding nature, quality, or origin.
Not Conflicting: Must not be identical or confusingly similar to earlier registered or well-known marks.
Cannot be contrary to public order or morality.
Certain signs like national flags, official emblems, or generic terms are excluded.
4. Registration Procedure
Applications filed with the National Institute of Industrial Property (INAPI)
Formal examination (completeness and formality)
Substantive examination for conflicts and distinctiveness
Publication in the Official Bulletin for opposition by third parties (usually 3 months)
Registration if no opposition or opposition is rejected
Trademark protection lasts for 10 years from the filing date, renewable indefinitely in 10-year periods.
5. Rights Conferred
Exclusive right to use the mark for the goods/services specified.
Right to prevent third parties from unauthorized use, imitation, or confusingly similar marks.
Right to license, assign, or pledge the trademark.
Protection against infringement and unfair competition.
6. Well-Known Trademarks
Algeria protects well-known trademarks even without registration, under the Paris Convention and TRIPS provisions.
7. Infringement and Enforcement
Infringement includes unauthorized use of identical or similar marks on related goods/services.
Remedies:
Injunctions
Damages and destruction of infringing goods
Criminal sanctions in severe cases
Enforcement is through Algerian courts and administrative bodies.
8. International Protection
Algeria is a member of the Madrid Protocol, enabling international trademark registration via the Madrid System.
As an OAPI member, trademarks can also be protected via a single regional registration valid in all member states.
Summary
Algeria offers trademark protection for 10 years, renewable indefinitely.
Registration managed by INAPI.
Protection includes well-known marks even if unregistered.
Enforcement includes civil, administrative, and criminal measures.
International protection available through Madrid Protocol and OAPI.
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