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Tunisia |
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Tunisia, at the northernmost bulge of Africa, thrusts out toward Sicily to mark the division between the eastern and western Mediterranean Sea. Twice the size of South Carolina, it is bordered on the west by Algeria and by Libya on the south. Coastal plains on the east rise to a north-south escarpment that slopes gently to the west. The Sahara Desert lies in the southernmost part. Tunisia is more mountainous in the north, where the Atlas range continues from Algeria.
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Trademark
Period
A trademark registration is valid for a period of 10 years from date of filing.
Renewal
A trademark registration is renewable for a period of 10 years each. There is a six-month grace period for late renewal of a trademark.
Requirements:
- Power of Attorney, simply signed, stating title of signatory.
Classification
The international classification of goods and services is followed for the purpose of registration of marks.
A single application may include several classes.
Color of the mark
Marks in color are registrable
Filing Requirements:
- Power of Attorney that has been simply signed, stating title of signatory. General power will suffice for continuous applications.
- Positive film + 10 prints.
- A Priority document, if priority is claimed.
Requirement 2 must be submitted at the time of filing, Requirement 1 & 3 must be filed within 3 months from date of filing.
Search
An official search can be conducted for word marks and devices.
One application is required for search in all classes.
Examination
Trademark applications are examined when they are filed as to distinctiveness, existing similarity with prior registrations, having direct reference to the character or quality of the goods, contrary to the public order and morals or representing national or foreign decorations, and is a geographical name or surname. If the trademark is rejected, objection must be filed within 30 days as of the date of rejection. The decision of the Registrar may be appealed with the Court within one month from the notification of rejection.
Assignment Requirement
Requirements:
- Power of Attorney that has been simply signed and sealed by the Assignee, stating the title of signatory.
- A notarized Deed of Assignment signed by both parties, with French translation.
Change of Name/Address
Requirements:
- Power of Attorney that has been simply signed and sealed.
- A notarized Certificate of the change of name or an Extract from the Commercial Register, with French translation.
Recordal of License
Recordal of License is not compulsory by Law but possible in practice. The license as per practice must be in written form.
Requirements:
- Power of Attorney that has been simply signed and sealed by the Licensee.
- A License Agreement that has been signed by both parties, with French or Arabic translation, and legalized upto the Tunisian Consulate.
Use Requirements
Use of a trademark is compulsory. If the mark is not used for any period of five (5) consecutive years following registration, it becomes vulnerable to a cancellation action.
Appeal
The decisions issued by the legal representative of the industrial property authority may be appealed in front of the competent courts within one month starting from the date of notification of the disputed decision.
Opposition
Trademark applications that have been accepted by the Registrar are published in the Official Gazette for two months during which period any interested party may file an opposition.
Marking
Marking of registered goods is not compulsory. The usual indication is "Marque Deposee".
Cancellation
Any interested party may file a cancellation case before the courts. However his action shall be rejected if the mark has been filed in good faith and has been permitted for use for five years.
Abandonment
The owner of a registered mark may abandon, totally or partially, the effects of the registration with respect to the goods or services covered by the mark.
Status of unregistered trademark
The ownership of a mark is independent of registration; he who first uses a mark is entitled exclusively thereto. Until registered, however, an imitator can only be sued for unfair competition.
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Patent
Types of Patents
- Patents of invention
- Patents of addition
What cannot be patented?
1) Schemes or combinations relating to credit or finance
2) Inventions contrary to law or morality
3) Food products or medicines
Duration
A patent is valid for a period of 20 years from date of filing.
Examination
Patent applications are examined as to their form only.
Annuities
Annuities are payable annually as from date of filing. There is a six-month grace period for late payment of annuities.
Filing requrements:
- Power of Attorney that has been simply signed and stating the title of signatory.
- Three copies of the specifications in French or Arabic
- Four sets of formal drawings
- A Priority document, if priority is claimed.
The title in French and number of claims are required at the time of filing.
Assignment Requirements:
- Power of Attorney that has been simply signed by the assignee and stating the title of signatory.
- A notarized Deed of Assignment that has been signed by both parties, with French translation.
Change of Name/Address
Requirements:
- Power of Attorney that is simply signed
- A notarized Certificate of the change of name, with French translation.
Recordal of License
Requirements:
- Power of Attorney that has been simply signed by the licensee.
- A notarized License Agreement that has been signed and sealed by both parties, with French translation.
Working
Working of a patent is required within three years from date of filing or two years from the date of grant and must not be discontinued for two successive years.
Opposition
Patent applications that are accepted by the Registrar are published in the Official Gazette. There is a 60-day period open for filing an opposition by any interested party.
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Design,
Model & Integrated Circle
Duration
A design is valid for a period of 5, 10 or 15 years from date of filing.
Examination: Design applications are examined as to their form only
Assignment Requirements:
- Power of Attorney that has been simply signed by the assignee, and stating the title of signatory.
- A notarized Deed of Assignment that has been signed by both parties, with French translation.
License Requirements:
- Power of Attorney that has been simply signed by the licensee.
- A notarized License Agreement that has been signed and sealed by both parties, with French translation.
Change of Name/Address
Requirements:
- Power of Attorney that has been simply signed
- A notarized Certificate of the change of name, with French translation.
Filing requirements:
- A Power of Attorney stating title of signatory and that has been legalized by the Tunisian Consulate.
- Four representations.
- Description of the design.
- Priority document, if priority is claimed.
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Copyrights
No statutory law on designs is in force
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Litigation
No statutory law on designs is in force
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Arbitration & Mediation
No statutory law on designs is in force
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Domain Name
Supported Documents required:
Note: Domain names are registerable by companies only.
1. A Power of attorney, signed and sealed by the company stamp.
2.The applicant should submit (by mail or fax) a letter requesting the Domain names registration and it must be on an official letterhead.
3.Copy of the managing director identity card.
4.Copy of the technical supervisor identity card.
5.Certified copy of the commercial registry.
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Watch Services
No statutory law on designs is in force
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Unfair Competition
No statutory law on designs is in force
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G.C.C 
