Requirements

Algeria Design FAQ

Is the country part of Locarno agreement?  No
Is the country part of Hague agreement?  Yes
Is it better to register a 3D Design or an industrial design?  There is a possibility of filing a 3D mark, this is up to the client however. 
Is any translation required?  Yes to french
For how long is an Industrial Design protected?  10 gregorian years
Are there any annuity fees to pay?  Yes upon filing

Algeria Design Process

One application can cover several designs as long as they are in the same class
The process from filing to issuance of certificate is for a period of 1 to 2 years. 
No annuities 
A design registration can be valid for 10 years 
Protection is divided into 2 parts -  Protection of the first year, and  a 9  year extension
Renewal beyond 10 years is not allowed.

Algeria Design Requirments

Summarized description of the design.
Applicant info (name and address).
Power of attorney (POA): Original should be simply signed. 
No deed of assignment if the applicant is not the designer. 
A certified copy of the priority document in case claimed should be provided within 60 days of filing date.
No commercial certificate document is required

Algeria Patents FAQ

Is the country part of PCT?   Yes
Is any translation required?   Yes
Is there collaboration between all Arab Countries? (Is there any convention that provides protection for patent in more than one Jurisdiction?)   Yes. The GCC, and Algeria is not part of it
For how long is a Patent protected?   20 years
What is the duration of examination?   1.5 to 2 years
Are there any annuity fees to pay? If yes, when are the annuities due for payment?   Yes upon filing (for PCT application the annuity will calculated from the date of the PCT application). 
Can I obtain a patent on a software-related invention?   No
Is it possible to obtain extension of the term of protection in the country?   no 
Are there examination procedures in this country?    yes 

Algeria Patents Process

Patent application can be filed, with a translation of the title and the abstract. 
Supporting documents can be provided within 60 days of filing. 
The process from filing to issuance of certificate is for a period of 3 to 4 years. 
Annuity fees must be paid starting the filing date. A 6 month grace period is given for a late annuity.
A patent is valid for 20 years.

Algeria Patents Requirements

Copies of the patent application which should include:
- Title of invention
- Full description of the invention covering:
     a- Name of the invention in the beginning of the line.
     b- Technical Field.          
     c- Technical Background.
     d- Revelation of the patent.
     e- Description of the drawings, if any.
     f- The instrument used to carrying our invention.  
     g- Way of carrying our invention in industrial.
- Claims
- Drawings
- Abstract
- Three copies of the specification in Arabic (the translation will be prepared locally)
A list of the home and/or foreign applications stating:
 Whether or not the invention has been filed in other countries (including the home country); if yes provide the following:
      a- Country of filing.
      b- Application number(s) and filing date (s).
      c- Publication number (if any) and date of publication.
      d- Date patent was granted, and certificate number.
      e- Class of the patent in accordance with the International Classification.
Applicant info (name and address)
Power of attorney (POA) - simply signed
Deed of assignment  - notarized and legalized
Arabic and French translation

Algeria Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Ordinance No. 03-06 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Trademarks and its implementing regulations

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: Yes

Q: Is the country part of the Madrid Agreement?   

A: Yes

Q: Is the country part of the TRIPS Agreement?   

A: No

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice classification

Q: Are there any restrictions or limitations on the list of goods?

A: No

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes (Obligation when mark is filed in colors)

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: Yes

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: If we register in one GCC country does it mean we are protected in the country?   

A: Not applicable - Algeria is not part of the GCC countries. It is a North African country that is not party to OAPI or ARIPO.

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 3 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of one year from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: Assignment is possible, however amendment is allowed only in case of withdrawal of goods or classes, no amendment allowed to applicant name or address or mark itself.

Q: Do you have to include a consideration on the assignment document?

A: No

Q: Are there any specific custom procedures in the country?   

A: Yes

Algeria Trademarks Process

Trademark Registration: 

  • The registration process takes 18-36 months to be completed.
  • A single application could be filed for multiple classes.
  • The Filing and publication fees are settled at the time of filing of application.
  • The application will be examined by the TMO within a period of 18 to 24 months. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the certificate of registration will be issued.
    • Reject the application, the TMO gives the applicant 60 days to reply to the rejection and can be extended for a similar period if needed upon the applicant’s request.
  • The TMO publishes the trademark certificate in the official gazette for informative purposes only; No one can oppose the said publication.
  • You may file a cancellation action against the infringed mark within 5 years from the date of registration of the trademark.
  • The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • The renewal process takes up to 18 to 24 months to be completed.
  • A single application could be filed for multiple classes.
  • The renewal application should be filed within the last 6 months of the valid protection period.
  • A 6 months grace period after the expiry of the valid protection period is granted for filing late renewal, subject to late penalty fees.
  • The application should be filed along with evidence proving usage of mark during the last year of the protection period.
  • The application will undergo formality examination by the TMO which will issue a decision to either:
    • Accept the application, the certificate of renewal will be issued.
    • Conditionally accept the application, the TMO gives the applicant a period of 60 days to amend the application to comply with its regulations; otherwise the application will be rejected.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The trademark renewal is valid for another 10 Gregorian consecutive years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes 3 to 12 months to be completed.
  • A single application may be filed for more than one trademark application / registration.
  • The application will undergo formality examination by the TMO which will issue a decision to either:
    • Accept the application, the certificate of change will be issued.
    • Conditionally accept the application, the TMO gives the applicant a period of 60 days to amend the application to comply with its regulations, otherwise the application will be rejected.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

Trademark Assignment: 

  • The recordal of the assignment takes 3 to 12 months to be completed.
  • A single application may be filed for more than one trademark application / registration.
  • The application will undergo formality examination by the TMO which will issue a decision to either:
    • Accept the application, the certificate of assignment will be issued.
    • Conditionally accept the application, the TMO gives the applicant a period of 60 days to amend the application to comply with its regulations, otherwise the application will be rejected.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

Algeria Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the goods to be covered by the application (Classes) - translated to French.
  • Power of attorney (POA): Original should be simply signed for each application independently and submitted within 60 days from filing.
  • A certified copy of the priority document in case claimed should be provided within 3 months of filing date.

Trademark Renewal:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Power of attorney (POA): Original should be simply signed for each application independently and submitted within 60 days from the submission of renewal application.
  • A simple copy of the trademark registration certificate.
  • A simply signed declaration of use of the mark completed on applicant letterhead is required upon filing of the renewal application.

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the change specifications.
  • A document proving the change of name legalized at the Algerian embassy along with its sworn French translation by local Translator submitted at filing.
  • Power of attorney (POA): Original should be simply signed at time of filing.
  • A simple copy of the trademark registration certificate.

Trademark Assignment:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the assignment specifications.
  • An assignment document notarized and legalized at the Algerian embassy, along with its sworn French translation by local Translator submitted at filing.
  • Power of attorney (POA): Original should be simply signed at time of filing.
  • A simple copy of the trademark registration certificate.

Bahrain Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   10 Gregorian years, plus 5 renewable years (15 years)
Are there any annuity fees to pay?   Yes, annually.

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