Requirements

Patent Registration: 

• The patent registration process takes 2-3 years.
• After filing the application, the application is put on hold for 2 months until all required documents and information are fulfilled.
• After 18 month from the filing the application will be subject for substantive examination, the examination fees can be paid at the time of filing or at any time within the 18 months form the filing.
• Once the application is technically and legally examined, the Examiner will issue his decision to either:
  • Complete or amend the application: the applicant has 90 days from the official notification date to reply to proceed with the examination of application.
  • Reject the application: if the requirements were not met or the patent is non-registrable. The applicant has 15 days from the official notification date to appeal the decision before the Appeal Committee.
  • Accept the application: the applicant has to settle the publication fees to publish the application in the official gazette. The patent office will notify the applicant when the said application will be published.
• Any interested third party can oppose the said application within 60 days from the date of publication. The Patent Office will study the opposition and issue its decision within 30 days from filing date of opposition; otherwise the opposition will be considered rejected implicitly.
• Once the application passes the publication period successfully, the registration fees should be settled to issue the related certificate of registration.
• The protection period of a patent is 20 years, from the filing date of the PCT application, or the national patent application based on Paris Convention.

Patent Annuities: 

• A patent is protected for 20 years from the filing date.
• Annuities should be settled prior to the anniversary of the filing date of a national application or a PCT international application until the termination of the patent protection duration. For example: if the patent was filed on 30 January, then the annuity should be settled every year prior to 30 January.
• The applicant should settle the annuity starting from the second year of filing the national application according to Paris Convention.
• The applicant should settle all due annuities starting from the second year of filing the PCT application until the date of filing the application in the national phase in Tunisia upon filing the application.  
• 6 Month grace period is provided for with the payment of penalty fees.

Patent Validation:

Validation in Tunisia is mainly governed by the annex to the validation agreement, as published together with Presidential Decree No. 2017-67 of 2 May 2017 in the Republic of Tunisia's Official Gazette No. 39 of 16 May 2017.

The validation system provides European patent applicants with a simple and cost-effective way of obtaining patent protection in Tunisia.

At the applicant's request, and on payment of the prescribed fee, European applications and patents can be validated in Tunisia, where they will have the same effects as national applications and patents.

 The validation procedure is not based on direct application of the EPC but is governed solely by national law.

Procedure:

• Validation in Tunisia is deemed requested for any European or international application filed on or after 1 December 2017.
• It is not available for applications filed prior to that date, or for any European patents resulting from such applications.
• The Validation request must be applied within six months from the date on which the European Patent Bulletin mentions the publication of the European search report.
• After expiry of the basic time limit, the validation fee can still be paid, together with a 50% penalty.

Design Registration: 

• The registration process takes 18-24 months to be completed.
• Registration of a design in the UAE covers the seven Emirates of Abu-Dhabi, Dubai, Sharjah, Ras Al-Khaimah, Ajman, Fujairah and Umm Al-Quwain.
• An applicant cannot choose to register in one of the emirates only.
• A single application could be filed for 1 to 20 designs as long as they are in the same class.
• The application will be examined formally and substantively by the IDO within a period of 6-12 months. After the end of the examination period, the IDO will issue a decision to either:
  • Amend the application, the applicant has 90 days to amend the application as requested, otherwise the application will be considered withdrawn.
  • Accept the application, the publication fees should be settled within 60 days from the official notification date to publish the design in the official gazette.
  • Reject the application, you may appeal the decision within a period of 60 days from the official notification date, otherwise the application would be considered withdrawn.
• Any interested third party can oppose the publication of the design application within 60 days from the date of publication.
• The design's registration is valid for 10 Gregorian years, starting from the filing date, and is non-renewable.

Design Renewal: 

• NA – Nonrenewable

Design Annuities: 

• Annuities are due for settlement on the anniversary of the filing date of every year until the end of the 10 years protection period.
• An annual fee shall be paid by the beginning of each year starting from the year following the date of filing the application.
• A 3 month grace period is given to the applicant to settle the annuity fee, not subject to any late penalty fees.
• If the applicant fails to settle the annuity fee within the first grace period, another 3 months grace period will be given to settle the annuity fee, however is subject to late penalty fee.  
• If the applicant failed to settle the annuity fees within grace periods, the applicant can revive the application after settlement of prescribed fees.

Trademark Registration: 

• The registration process takes 5-6 months to be completed.
• Registration of a mark in the UAE covers the seven Emirates of Abu-Dhabi, Dubai, Sharjah, Ras Al-Khaimah, Ajman, Fujairah and Umm Al-Quwain.
• An applicant cannot choose to register in one of the emirates only.
• A separate application should be filed for each class.
• The application will be examined by the TMO within a period up to 6 months. After the end of the examination period, the TMO will issue a decision to either:
  • Accept the application, the publication fees should be settled within 30 days from the official notification date to publish the mark in the official gazette and two private newspapers, otherwise late penalty fees will be applied per month.
  • Reject the application, you may appeal the decision within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
• Any interested third party can oppose the publication of the trademark application within 30 days from the date of publication. The applicant has 30 days from the official notification date to file a reply to the opposition, otherwise the application will be considered withdrawn.
• The applicant has 30 days from the end of publication period date to settle the registration fees, otherwise late penalty fees will be applied per month.
• The certificate of registration will be issued within 1 working day from the date of settlement of registration fees.
• 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 around 3 months to be completed.
• A separate application should be filed for each class.
• The renewal application should be filed within the last year of the valid protection period.
• A 3 months grace period after the expiry of the valid protection period is granted for filing late renewal; however it is subject to late penalty fees.
• If the agent filing the renewal is not the agent of record, a change of agent should be filed to ensure formality requirements are met.
• Upon Recordal of the agent, the renewal application should be filed at the TMO and the official renewal and publication fees should be settled at filing.
• After the TMO examines the application for formalities and issue its acceptance decision, the renewal will then be published in the official gazette and two private newspapers for 30 days for informative purposes only; No one can oppose the said publication.
• The renewal certificate will be issued following the end of publication period.
• The trademark renewal is valid for another 10 Gregorian years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

• The recordal of change process takes 3 months to be completed.
• A separate application should be filed for each class.
• A change of agent should be filed in order to ensure formality requirements are met.
• Upon Recordal of the agent, the change application should be filed at the TMO and the official change and publication fees should be settled at filing.
• After the TMO examines the application for formalities and issue its acceptance decision, the change certificate will be issued, then be published in the official gazette and two private newspapers for 30 days for informative purposes only; No one can oppose the said publication.

Trademark Assignment: 

• The recordal of assignment process takes 3 months to be completed.
• A separate application should be filed for each class.
• A change of agent should be filed in order to ensure formality requirements are met.
• Upon Recordal of the agent, the assignment application should be filed at the TMO and the official assignment and publication fees should be settled at filing.
• After the TMO examines the application for formalities and issue its acceptance decision, the assignment certificate will be issued, then be published in the official gazette and two private newspapers for 30 days for informative purposes only; No one can oppose the said publication.

Gaza Trademarks Process

Trademark Registration: 

• The registration process takes 12-18 months to be completed.
• A separate application should be filed for each class.
• Priority cannot be claimed.
• The application will be examined by the TMO within a period of 1 to 3 months. After the end of the examination period, the TMO will issue a decision to either:
  • Accept the application, the publication fees should be settled to publish the mark in the official gazette.
  • Conditionally accept the application, you may comply with the said conditions or appeal the said decision within a period of 30 days from the official notification date.
  • Reject the application, you may appeal the decision within a period of 30 days from the official notification date, otherwise the application will remain rejected.
• Any interested third party can oppose the publication of the trademark application within 90 days from the date of publication in the official gazette. The applicant has 30 days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.
• The certificate of registration will be issued within 2-6 months from the date of settlement of registration fees.
• The trademark's registration is valid for 7 Gregorian years, starting from the filing date, and renewable for 14 years.

Trademark Renewal: 

• The renewal process takes 1-2 weeks to be completed.
• A separate application should be filed for each class.
• A change of agent should be filed in order to ensure formality requirements are met.
• The renewal application should be filed within the last year of the valid protection period.
• A 1 month grace period after the expiry of the valid protection period is granted for filing late renewal; however it is subject to late penalty fees provided that a warning letter shall be sent by the TMO to the applicant/agent to pay the renewal fees.
• Upon settling the renewal and publication fees to record the renewal in the TMO database, the TMO will issue a certificate of renewal.
• 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 14 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 1-2 week to be completed.
• A separate application should be filed for each class.
• A change of agent should be filed in order to ensure formality requirements are met.
• Upon settling the change and publication fees to record the change in the TMO database, the TMO will issue a certificate of amendment.
• 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 2-3 weeks to be completed.
• A separate application should be filed for each class. 
• A change of agent should be filed in order to ensure formality requirements are met. 
• Upon settling the assignment and publication fees to record the assignment in the TMO database, the TMO will issue a certificate of assignment.
• The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

West Bank Trademarks Process

Trademark Registration: 

• The registration process takes 10-12 months to be completed.
• A separate application should be filed for each class.
• Priority cannot be claimed.
• The application will be examined by the TMO within a period of 1 to 2 months. After the end of the examination period, the TMO will issue a decision to either:
  • Accept the application, the publication fees should be settled to publish the mark in the official gazette.
  • Conditionally accept the application, you may comply with the said conditions or appeal the said decision within a period of 30 days from the official notification date.
  • Initiate an office action, you may amend the application or appeal the said decision within a period of 30 days from the official notification date.
  • Reject the application, you may appeal the decision within a period of 20 days from the official notification date, otherwise the application will remain rejected.
• Any interested third party can oppose the publication of the trademark application within 90 days from the date of publication in the official gazette. The applicant has 30 days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.
• The certificate of registration will be issued within 1-2 months from the date of settlement of registration fees.
• The trademark's registration is valid for 7 Gregorian years, starting from the filing date, and renewable for 14 years.

Trademark Renewal: 

• The renewal process takes 1 week to be completed.
• A separate application should be filed for each class.
• A change of agent should be filed in order to ensure formality requirements are met.
• The renewal application should be filed within the last year of the valid protection period.
• A 1 month grace period after the expiry of the valid protection period is granted for filing late renewal; however it is subject to late penalty fees provided that a warning letter shall be sent by the TMO to the applicant/agent to pay the renewal fees. .
• Upon settling the renewal and publication fees to record the renewal in the TMO database, the TMO will issue a certificate of renewal within 2-3 working days.
• 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 14 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 2 weeks to be completed.
• A separate application should be filed for each class.
• A change of agent should be filed in order to ensure formality requirements are met.
• Upon settling the change and publication fees to record the change in the TMO database, the TMO will issue a certificate of amendment.
• 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 around 1-2 months to be completed.
• A separate application should be filed for each class. 
• A change of agent should be filed in order to ensure formality requirements are met. 
• Upon settling the assignment and publication fees to record the assignment in the TMO database, the TMO will issue a certificate of assignment within 1-2 months.
• The publication in the official gazette is for informative purposes only; No one can oppose the said publication.