– Trademark Law No. 2001-36 of April 17, 2001, in force since April 23, 2001, amended by Law No. 2007-50 of July 23, 2007, in force since July 23, 2007.
– Decree No. 2015-303.

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, London Act.
– Nice Agreement Concerning the International Classification of Goods and Services, Nice Act, since May 29, 1967.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Stockholm Act since October 31, 1973, and Geneva Act since July 6, 2023.
– Convention Establishing the World Intellectual Property Organization (WIPO), since November 28, 1975.
– Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, since August 9, 1985.
– WTO’s TRIPS Agreement, since March 29, 1995.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since October 16, 2013.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since March 30, 2018.

Kind of property: filing is constitutive; prior use by the owner does not alter the validity of the filing.

Applicant: the first user of the mark (individual or company).

Foreigners and nationals living abroad: must appoint a representative residing in Tunisia.

Kinds of trademarks: names and all other distinctive designations; words, designs, holograms, shapes of the product; color, sound, collective and well-known marks.

Service marks: accepted.

Exceptions to protection: generic names, designations necessary or customary in Tunisia, name contrary to public order or good morals, appellations of origin.

Novelty: the trademark belongs to the first person who puts it to use, but the priority rights can only be claimed after filing.

Classification: international (11th Edition).

Multiple class applications: possible.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (not legalized);
2. Full details of applicant and list of goods or services;
3. 10 prints;
4. If priority is claimed: certified copy of corresponding home application.

Filing without these requirements: not possible.

Electronic filing: available.

Examination: no examination as to novelty, but only as to form and registrability. Examination is in the Law but not really active. 

Letters of consent: possible under certain conditions.

Opposition: possible within two months from publication in the Official Gazette.

Beginning of protection: date of filing.

Duration: ten years.

Renewals: indefinitely, for periods of ten years.

Late renewal: restoration is possible within six months after the renewal due date. 

Validation of invalidated trademarks: possible, by re-filing.

Marking of registered goods: not compulsory.

Text of marking: “Marque déposée”.

Assignment: with or without the goodwill of the business; must be recorded with the Trademark Office to have any legal effect.

Licensing: registration is not compulsory, but strongly recommended. Non-registration renders the license opposable to a third party.

Use of trademark: compulsory, within a period of five years.

Cancellation: request can be brought before the Tunisian courts at any time. Exception: the request must be brought before the Tunisian courts during a five-year period if a similar mark is filed and used by a third person and if the owner knows this situation.

Penalty for infringement: fine, confiscation, payment of damages and/or imprisonment.