Tunisia Trade Marks & Patents
Tunisia Trade Marks
Tunisia is a first to file country and whomever first files a particular trade mark gets the rights. Tunisia recognises the goods and services classes from the Nice Classification and allows for multi-class filing. Tunisia trade marks are valid for 10 years from the filing date and renewable for further periods of 10 years.
Tunisia is a member of the Madrid Protocol treaty which offers international trade mark filing, registration and maintenance. A single application in Tunisia can be applied to multiple jurisdictions so long as those countries are members of the Madrid Protocol. Tunisia is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states. The Paris Convention provides for the right of priority in the case of patents, trade marks and designs.
Smit & Van Wyk IP lawyers and Africa agents deal exclusively with trade mark law in most African countries, including Tunisia trade marks. Our fields of practice encompass all aspects relating to trade mark applications, renewals and protection. Our services includes trade mark searches, prosecution, maintenance and enforcement, but more specifically:
(1) Providing advice on the registrability, selection, use and retention of trade marks;
(2) Preparing and prosecuting trade mark applications;
(3) Helping clients license or franchise their rights;
(4) Handling of trade mark maintenance including payment of renewal fees and recording amendments.
Tunisia Patents & Designs
Tunisia patents have a duration of 20 years from the filing date with no possible extensions. Tunisia is a member of the Patent Cooperation treaty (PCT) which provides a unified procedure for filing patents applications in each of its contracting states. A patent application filed under the PCT is called an international application or PCT application.
The patent lawyers at Smit & Van Wyk deal exclusively with patent law including all aspects related to filing patents, PCT national phase applications and industrial designs in most African countries, including Tunisia. Our dedicated team of patent lawyers include engineers and scientists. We provide a wide range of patent-related services across multiple industries and fields of technologies, including patent drafting, filing, prosecution:
(1) We prepare and prosecute patent and design applications;
(2) Advise on the patentability of inventions;
(3) Help clients license, franchise or assign their rights;
(4) Conduct patent searches;
(5) Handle the payment of maintenance fees;
(6) Record amendments to a patent and translate patent specifications into local Languages to maintain the clients rights.
Tunisia designs have a duration of 5, 10 or 15 years from the filing datedepending on what the applicant decides. Industrial designs are filed under the Hague Agreement which governs the international registration of industrial designs and allows protection in multiple countries or regions with minimal formalities.
Types of Patents:
Patents of Invention
National Phase PCT Application
Validation of a European patent
Non-PCT Filing Requirements:
- Simply signed Power of Attorney (can be late filed)
- Specification, claims, drawings and abstract with English, Arabic or French translation (required upon filing)
- Deed of assignment (can be late filed)
- Certified copy of the priority document (if applicable) with verified translation into the language that the application was filed in (must be filed within 3 months of the filing date)
Duration and Renewal:
The patent has a duration of 20 years from date of filing. Annual renewal fees are payable from the first anniversary of the filing date.
The Hague Agreement
Types of Designs:
- Simply signed Power of Attorney (required upon filing)
- Drawings or photographs of the design (required upon filing)
- A statement indicating the kind of products for which the design is to be used in French or Arabic (required upon filing)
- Certified copy of priority document (if applicable) with verified French or Arabic translation (must be filed within 3 months of the filing date)
Duration and Renewal:
The design has a term of 5, 10 or 15 years from date of filing, dependent on what the applicant decides and upon payment of the set fees. It is possible to extend protection for a further 5 or 10 years as long as it does not exceed the maximum protection of 15 years.
Types of Marks:
Goods and services
- Simply signed Power of Attorney, with French translation
- Details of the Applicant (full names, physical address, nationality/country of incorporation)
- Representation of the trade mark(s)
- List of goods and/or services
- Certified copy of priority document (if applicable)
The Nice Classification of Goods and Services is followed. Multi-class applications are possible.
10 years from filing date and renewable every 10 years.