Requirements

Sudan Trademarks FAQ

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

A: Trademark Law no. 8 of 1969

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 TRIPS Agreement?   

A: Yes

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

A: 11th Edition of Nice Classification

Q: Can a trademark be registered on class header?

A: Not possible. The list of goods cannot include all goods and services or the class header; one item must always be excluded.

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

A: Yes, the below goods and services cannot be registered:

  • Alcoholic beverages and related products
  • Bar and night club services

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

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

A: No

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Paper

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

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 5 consecutive years.

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: No, any assignment or amendment should be done after the registration of the trademark is completed.

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

A: Yes

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

A: Yes

Tunisia 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 no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic or French
For how long is an Industrial Design protected?   15 years max
Are there any annuity fees to pay?   No the duration is decided at filing

Tunisia Patents FAQ

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

A: law no 84 for 2000 dated 24-August-2000

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is the country a member of the GCC Patent Cooperation Treaty? 

A: No

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable;
  • Do not violate the public order, ethics, or national security.

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  • Scientific theories, mathematical methods, computer programs, exercise of pure intellectual activities, or practice of a specific game;
  • Plants and animals researches and essentially biological processes for the production of plants or animals other than microbiological processes and its productions.
  • Diagnostic, therapeutic and surgical methods for the treatment of humans or animals and its productions.

Q: if a worker invented a patent, can he register the patent in his name?

A: Patent ownership shall be entitled to the employer if the invention is a product of an implementation of a contract or a commitment through devoting the whole effort to creativity, or if the employer proves that the worker has only achieved that invention through the utilization of facilities, aids or data provided to him/her by work. However, this shall not prejudice the worker's entitlement to a fair reward. The application may be submitted by the inventing worker during his/her service or within two years of quitting service.

Q: Can the applicant amend an application under process?

A: Yes as long as the applicant provides the supporting required documents.

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

A: Yes, The applicant may withdraw his/her application at any time before the issuance of the final decision. However, application withdrawal shall not entail the withdrawal of documents or the refunding of any fees or costs.

Q: Can a patent search be conducted?

A: yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in Tunisia within three years from the date of grant; otherwise the patent will be subject to compulsory licensing.

Tunisia Trademarks FAQ

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

A: Law No. 2001-36 of April 17, 2001, on the Protection of Trademarks & Trade Services

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: No

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Is Apostil Acceptable?

A: Yes, however not required as the country accepts simply signed documents on applicant letter head.

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

A: Nice classification 11th Edition

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

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 - Tunisia 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 5 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 three years 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: No, any assignment or amendment should be done after the registration of the trademark is completed.

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

UAE 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?   3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   10 years
Are there any annuity fees to pay?   Yes annually

UAE Patents FAQ

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

A: Federal Law No. 31 of 2006 Pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is your country a member of the GCC Patent Cooperation Treaty? 

A: Yes

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable if it is possible to apply it in agriculture, fishing, services, handcrafts or any kind of industry in the broadest sense of the word;

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  • Plant varieties, animal species, or biological methods of producing plants or animals; Exceptions shall be allowed for the microbiological methods and their products
  • Diagnostic methods, treatments, and surgical operations needed for humans and animals
  • Scientific and Mathematical principles, discoveries and methods
  • Guides, rules or methods followed to conduct business or perform mental activities or play games.
  • Invention that may lead to violation of the public order or morals

Q: If a worker invented a patent, can he register the patent in his name?

A: Article 9 stipulates that:

  1. If the invention was discovered in the course of employment or other contractual work for hire, the employer will be the owner of the intellectual property rights, unless otherwise provided for in the agreement.
  2. If the invention is of an economic value surpassing the two parties’ presumptions on signing the contract, the inventor is entitled to an additional compensation determined by the court unless otherwise agreed upon by the parties.
  3. If an employee whose employment agreement does not include inventive activities should discover an invention related to the employer’s activity,           utilizing the employer’s experiences, documents, and other basic facilities of the employer that are available for the employee, the right to this invention will be vested with the inventor/employee four months from the date of submitting the report mentioned hereinbefore in paragraph (4) of this article to the employer in respect of the invention, or as of any date in which the employer learned about the invention achievement in any manner thereof, and whereof the employer did not express his intention for acquiring such through a written notice.
  4. The inventor employee should notify the employer immediately about his invention through a written report.
  5. If the employer expresses his intention to acquire the invention within the period prescribed in paragraph (3) of the Article herein, he shall be entitled to the rights ensuing from the invention as from the date of discovery of the invention and the inventor employee shall be entitled to fair compensation in which his salary, the economic value of the invention and the benefits that the employer shall gain through the invention shall be taken into consideration , the court shall determine the compensation if the parties do not agree to the compensation .
  6. Any agreement providing less advantage for the employee than that provided for by this article shall be deemed null and void.

Q: Can the applicant amend an application under process?

A: The applicant may introduce the amendments he deems fit to his application if such amendments shall not constitute a substantive modification to the contents of the original application prior to issuance of acceptance decision.

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

A: The applicant may withdraw his application at any time unless it has been finally decided upon. However, such withdrawal shall not give the right to recover the fees paid or any other expense.

Q: Can a patent search be conducted?

A: Yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in UAE within three years from the date of grant; otherwise the patent will be subject to compulsory licensing.

 

UAE Trademarks FAQ

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

A: Federal Law No. 37 of 1992 on Trademarks (as amended by Law No. 19 of 2000 and Law No. 8 of 2002)

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No       

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Is Apostil Acceptable?

A: No

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

A: 10th Edition of Nice Classification

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

A: Yes, the below goods and services cannot be registered:

  • Pork and related products
  • Alcoholic beverages and related products
  • Bar and night club services

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

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

A: No

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Electronically

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

A: No, there is no cooperation treaty for trademarks in the GCC.

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 5 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 three years 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: No, any assignment or amendment should be done after the registration of the trademark is completed.

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

A: Yes

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

A: Yes

West Bank 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?   15 years
Are there any annuity fees to pay?   Yes every 5 years

Westbank Trademarks FAQ

Gaza Trademarks FAQ

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

A: Trademarks Law No. 35/1938

Q: Is the country part of Paris Convention?    

A: No

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No   

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: Yes, a trademark cannot be registered on:

  • Pork (class 29)
  • Beers (class 32)
  • Class 33

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: No

Q: Can colors be claimed?

A: Yes

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

A: Yes

Q: Can you conduct a search by applicant name?

A: Yes

Q: Is the certificate issued in paper or electronically?

A: Paper

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 2 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: No, any assignment or amendment should be done after the registration of the trademark is completed.

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: No

 

West Bank Trademarks FAQ

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

A: Trademarks Law No. 33/1952

Q: Is the country part of Paris Convention?    

A: No

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No   

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: No

Q: Can colors be claimed?

A: Yes

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

A: Yes

Q: Can you conduct a search by applicant name?

A: Yes

Q: Is the certificate issued in paper or electronically?

A: Paper

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 2 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: No, any assignment or amendment should be done after the registration of the trademark is completed.

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: No

Yemen 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 years
Are there any annuity fees to pay?   No

Pages