Trademarks Law in Tunisia
Certainly! Here’s an overview of trademark law in Tunisia:
🇹🇳 Trademark Law in Tunisia
📜 Governing Legislation:
Trademark law in Tunisia is governed by Law No. 2000-46 on Industrial Property, last updated in 2006.
The National Institute for Standardization and Industrial Property (INNORPI) is the official authority responsible for trademark registration and administration.
Tunisia is a member of several international IP treaties, ensuring compliance with global standards.
🔖 What is a Trademark?
A trademark is any visible sign capable of distinguishing the goods or services of one enterprise from those of others.
This includes words, logos, symbols, shapes, colors, and combinations thereof.
📋 Trademark Registration:
Registration is required to obtain exclusive rights to a trademark.
Applications are filed with INNORPI.
The trademark must be distinctive and not identical or confusingly similar to existing registered marks.
The classification of goods and services follows the Nice Classification system.
📝 Requirements for Registration:
The mark must be distinctive and capable of identifying the source of goods or services.
It must not be generic, descriptive, or contrary to public order or morality.
The mark cannot conflict with earlier trademarks or well-known marks.
⏳ Duration of Protection:
Registered trademarks are protected for an initial period of 10 years from the filing date.
The protection can be renewed indefinitely for successive 10-year periods upon payment of renewal fees.
🛡️ Rights Conferred:
Exclusive rights to use the trademark in Tunisia.
Right to prevent unauthorized use or infringement.
Right to license, assign, or sell the trademark.
⚖️ Enforcement and Remedies:
Trademark infringement cases are handled by Tunisian courts.
Remedies include injunctions, damages, seizure, and destruction of infringing goods.
Criminal penalties may apply in cases of counterfeiting or deliberate infringement.
🌍 International Treaties:
Tunisia is a party to several major international treaties, including:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (allowing international trademark registration)
TRIPS Agreement
📝 Summary Table:
| Aspect | Detail |
|---|---|
| Law | Law No. 2000-46 on Industrial Property |
| Office | National Institute for Standardization and Industrial Property (INNORPI) |
| Registration | Mandatory for exclusive rights |
| Duration | 10 years, renewable |
| Rights | Exclusive use, licensing, enforcement |
| Enforcement | Civil and criminal remedies via Tunisian courts |
| International Treaties | Paris Convention, Madrid Protocol, TRIPS |
RELATED Blog
0 comments