Trademark Requirements

A power of attorney in French simply signed and sealed with the official stamp of the applicant company which should include the position and the name of signatory, company name and address, the date of the POA and the country or the place. A separate power of attorney is required for each application and it is not acceptable to use one POA for two or three applications even if it is for the same applicant.

A certified copy of priority document, if priority is claimed, certified.
15 prints of the mark for each application.

Document 1 should be submitted at the time of filing or at least a simple copy of the same by email provided that the original should be submitted at a later stage. Document 2 may be submitted within 3 months from filing date.

Registration process

Once a trademark application is filed, the filing certificate indicating the filing number and the filing date is issued within approximately a week. Trademark applications are examined as to their registrability against prior registrations. The certificate of registration is issued upon completing all the filing requirements. Trademarks are published after registration and there is no provision for filing opposition to the registration of a mark.

According to Trademark Law No. 03-06 of 2003 a trademark registration is valid for 10 years as of the filing date of the trademark application, and it is renewable for periods of 10 years, each upon application and payment of the prescribed renewal fees. A grace period of 2 months is allowed for late renewal of a trademark registration against payment of a fine.

If as trademark is refused for registration an appeal can be filed with the Trademarks Registrar within two months from notification of rejection which is extendable for further two months; however, as per local law a deadline for appealing rejection decision is two months as from notification date, but this not applied strictly, as well applicant can request time extension for another two months. As for the review and issue a final decision by TM Office, there is no time frame for this stage as it may take from six months to two years for some cases.

Time frame from filing a trade mark application up to registration, on average is 15 -18 months as there is no opposition period this time will have to be accepted as the time of examination to registration.

Duration & Renewal:
Registration is for ten years.
Registrations can be renewed every ten years.
Use must commence within a year of filing.
Continuous non-use for one year could result in cancellation.

Renewal Requirements:
Power of attorney simply signed (for each application).
Ten prints of the mark (even for word marks).
The number and date of the registered trademark/service mark.
Proof of use.

Total Estimated Time Frame from filing to obtaining of renewal certificate: 15-18 months

Assignment
French/English/Arabic power of attorney, from the assignee, not legalized.
A deed of assignment agreement in French legalized up to an Algerian consulate.

Licenses
Licenses must be recorded. The required documents are :
Prior Ministerial approval must be obtained.
French/English/Arabic Powers of attorney from the Licenser and the registered user, not legalized.
Original copy of a French registered user agreement legalized up to an Algerian consulate.

Time frame needed for completing the recordal of an assignment/license recordal: 6-9 months

Change of name

1. Power of attorney simply signed.
2. A certificate of change of name duly legalized up to the Algerian Consulate.
3. Number and date of the registered trademark.

Change of address
A power of attorney in the new address simply signed.

Total Estimated Time Frame for completing a change of name and/or address recordal
6-9 months

Cancellation procedures
The Cancellation action should be filed with the First Instance Court. Once the lawsuit is registered, the plaintiff should proceed with the notification of the counter party.

If the defendant is a national entity/individual, the Court will fix the first date for the hearing session within 21 days from filing the cancellation lawsuit.

On the other hand, if the defendant is a foreign entity/individual the first hearing session will be held within three months from the date of filing the lawsuit.

Once the defendant is notified and attends the hearing session, the parties will explains their arguments via memorandums and response statement, and once the parties have no other arguments or reply to add the case will be set for issuing a decision.

The decision issued by the First Instance Court will be subject for appeal by any party within one month from the notification of the judgment by the winner party, if not notified the deadline remains open during two years; hence the judgment will be final.

Further, please note that it usually takes from 3 – 7 months for the issuance of a decision by the Court in respect of the cancellation action.

The total costs for preparing and filing the cancellation action against one trademark registration in one class up to issuance of a decision are US$ 7,500.

ADDITIONAL TIMEFRAMES

Time frame required for preparing and filing an opposition or counterstatement with the Trademarks Office and follow up its proceedings till final settlement:

3-6 months (for responding to the appeal against provisional refusal)
Time frame required for preparing and filing a lawsuit of any type such as infringement or cancellation action and follow up its proceedings till final settlement:
5- 6 months
Time frame required for filing an appeal with the trademarks registrar or court as applicable regarding an opposition action, counterstatement or rejection:
3-6 months

Duration
Inventor s certificates and patents of invention are granted for 20 years. Certificates of Addition and Patents of Addition are granted for the unexpired period of the term of the main certificate or patent. Patents of confirmation are granted for ten years.

Taxes
Annuities are payable on Inventors Certificates and Patents of Invention annually. Six months grace period is allowed with payment of fine.

Patent Requirements
Power of attorney simply signed.
Three copies of specifications, claims and drawings in English and Arabic.
Priority Document simply signed (in case convention priority is to be claimed).
Deed of assignment simply signed by the inventor if the applicant is not the inventor himself.
Summary of the invention in English with Arabic translation (about 100 word).

Designs are registered for 10 years. The period of protection consists of two parts, a period of one year during which the registration remains secret and a second period of 9 years during which the registration is open to public inspection. Once an application is filed it is examined as to the form only and is accorded a filing date immediately. Applications are published in the Official Gazette after the elapse of the first year of protection period or earlier, upon the applicant’s request. There is no provision for filing opposition. Applicants must request the nine-year extension either on filing or within the first year; otherwise the registration will expire. A grace period of six months is allowed.

Design Requirements
Power of attorney in French and Arabic, simply signed.
7 copies of the design.
Summary description of the design in French.
The name, business, nationality and address of the applicant.
Certified copy f the priority document for claiming priority.

It is possible to file design applications without the complete documents at the time of filing, which should be submitted within 45 days from the filing date.