Trade and Service Marks

– Ordinance No. 03-06 of July 19, 2003.
– Implementing Decree No. 05-277 issued on August 2, 2005.
– Decree No. 84-85 of April 21, 1984, bearing the adherence of Algeria to the Nairobi Treaty concerning the protection of the Olympic symbol adopted in Nairobi on September 26, 1981.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 1, 1966.
– Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, Stockholm Act, since July 5, 1972.
– Madrid Agreement Concerning the International Registration of Marks, since July 5, 1972.
– Nice Agreement Concerning the International Classification of Goods and Services, Stockholm Act, since July 5, 1972.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Stockholm Act, since July 5, 1972.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 16, 1975.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since October 31, 2015.

Filing

Applicant: the first applicant is entitled to the registration and exclusive use of the mark.

Foreigners and nationals not living in the country: no distinction, both may apply and obtain registration; must appoint a resident agent.

Trademarks of foreigners: protected in the same manner as those of nationals. They must have an address for service in the country.

Kinds of protection: ordinary trademarks; service marks.

Novelty: a trademark does not need to be new but must be distinctive.

Not registrable: signs belonging to the public domain or are void of distinctive character; signs consisting of the shape of the goods or of their packages, if this shape results from the nature of these goods or these packages; signs which would be contrary to public order, morality and proper conduct; signs containing armorial bearings, flags and other state emblems, the name, initials or acronym or the official sign and stamp of control and guarantee of a state or a government organization; marks consisting of indications liable to deceive the public; signs consisting of an indication which may lead to a confusion as to the geographical origin of the products or services considered, or which, if they were registered as a mark, may unduly hinder the use of the geographical indication by other persons having the right to use this indication.

Names: family names or pseudonyms are registrable.

Collective (certification) marks: provided for.

Priorities: according to the international convention.

Classification: International Classification of 45 classes for goods and services (11th Edition of Nice International Classification).

Multi-class application: possible.

Territory covered: the whole territory of Algeria.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, in French or Arabic, not legalized, duly signed. If the applicant is a corporate body, the name and position of the signatory must be stated;
2. Name, address of the applicant. If a corporate body, state of incorporation and address of Head Office;
3. 6 representations of the mark. The printing block is not required;
4. List of goods or services to be covered as per the 10th Edition;
5. If a Convention priority is to be claimed, the certified copy of home application should be filed within three months from filing date;
6. If the applicant is not the proprietor of the basic foreign application, a priority assignment is also required.

Electronic filing: available. 

Electronic signatures: are not accepted (only wet signatures).

For renewal: indicate position, trademark registration number and date.

For the recordal of an assignment:
1. A deed of assignment, signed by both parties, and an official translation into Arabic if in another language than Arabic or French; legalization by the Algerian Consulate is required;
2. Power of attorney, in French or Arabic, not legalized, duly signed by the assignee. If the assignee is a corporate body, the name and position of the signatory must be stated.

For the recordal of a license:
1. A license agreement, signed by both parties, and an official translation into Arabic if in another language than Arabic or French; legalization by the Algerian Consulate is required;
2. Power of attorney, in French or Arabic, not legalized, duly signed by the licensor. If the licensor is a corporate body, the name and position of the signatory must be stated.

Examination

Amendment of application: possible (but these amendments should not affect the essential characteristic of the trademark).

Examination: the Trademark Office proceeds to the examination of a filed trademark after six months from the filing date. The examination is based on prior applications and/or registrations and on the refusal motives mentioned in the law.

Appeal against provisional refusal of registration: possible within two months from the date of receipt of such notification.

Opposition: not provided for.

Letters of consent: accepted.

Disputes about ownership: the proprietor of a registered mark may apply for the cancellation of another registered mark which is confusingly similar to his own, provided he does so within five years of the filing date of that mark (except in cases where the trademark was filed on bad faith).

Application kept secret: not provided for.

Publication: marks are only published after registration.

Granting

Delivery of document: it takes approximately six months from the date of filing until the certificate of registration is issued.

Beginning of protection: from date of filing.

Duration: ten years.

Renewal: for periods of ten years thereafter. Renewals should be requested within six months before the expiry of the validity period, evidencing use of the mark during the last year. Term of grace for renewal: six months following the expiry date of the registration.

Compulsory character of registration: the use of a mark is compulsory.

User rights and obligation to use: failure to use the mark leads to revocation of the mark by any interested party before the court except in the following cases: (1) when the failure of use does not last for more than three uninterrupted years; and (2) when before the end of said deadline, the owner brings the evidence that serious circumstances justify the failure of use; in this case an extension of the deadline not exceeding two years will be granted.

Marking of registered goods: not provided for.

Assignment: with or without the goodwill of the business.

Licenses: provided for, must be recorded on the Trademark Register. Territorial limitations are possible. (For requirements: see above in “3. Filing“).

Modification of Protection after Registration

Rights of prior user: not provided for. A prior user must also have a prior registration before he can expunge a registered mark.

Cancellation: within five years of the filing date, the proprietor of a registered mark may request the cancellation of a registered mark which is confusingly similar to his own.

Compulsory licenses: not provided for.

Provision for restoration: within six months of the expiry date of a registration, the mark may still be renewed.

Re-registration of expired mark: a different applicant cannot re-file the mark during the six-month period following expiry due to non-renewal.