Requirements

Algeria Design FAQ

Is the country part of Locarno agreement?  No
Is the country part of Hague agreement?  Yes
Is it better to register a 3D Design or an industrial design?  There is a possibility of filing a 3D mark, this is up to the client however. 
Is any translation required?  Yes to french
For how long is an Industrial Design protected?  10 gregorian years
Are there any annuity fees to pay?  Yes upon filing

Algeria Design Process

Design Registration: 

  • The registration process takes 18-24 months to be completed.
  • A single application could be filed for 1 to 100 designs as long as they are in the same class.
  • The filing, registration, and publication fees are settled at the time of filing of application.
  • Publication Fees differ according to the number of drawings of the design.
  • The application will be published in the official gazette after the expiry of the first year of the protection period, upon the applicant’s request. No one can oppose the said publication.
  • The design's registration is valid for 1 Gregorian year, starting from the filing date, and can be renewed for 9 consecutive Gregorian years only.

Design Renewal: 

  • A design registration can be protected for 10 years only.
  • The applicant may request a 9 years extension of protection period upon filing the design application or prior to the expiry of the first protection period.
  • A 6 months grace period starting from the end of the first protection period is granted to the applicant to file the extension if he fails to do so prior to the end of the first protection period.

Design Annuity:

  • Annuity Fees are settled once upon filing the second protection period request.

Algeria Design Requirments

Design Registration:

  • Design Drawings
  • Applicant’s information (name, address, and nationality).
  • Name and Nature of the design.
  • Description of the design, translated to French.
  • Power of attorney (POA): Original should be simply signed for each application independently and submitted within 60 days from filing.
  • A certified copy of the priority document in case claimed should be provided within 3 months of filing date.

Algeria Patents FAQ

Q: Which law does the country implement relating to patents?

A: Royal Decree No. 03-07 of 2003

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is the country a member of the GCC Patent Cooperation Treaty? 

A: No

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable;
  • Does not violate the public order, ethics, or national security.

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  • Scientific theories, mathematical methods, computer programs, exercise of pure intellectual activities, or practice of a specific game;
  • Plants and animals researches and essentially biological processes for the production of plants or animals other than microbiological processes and its productions.
  • Diagnostic, therapeutic and surgical methods for the treatment of humans or animals and its productions.

Q: if a worker invented a patent, can he register the patent in his name?

A: Patent ownership shall be entitled to the employer if the invention is a product of an implementation of a contract or a commitment through devoting the whole effort to creativity, or if the employer proves that the worker has only achieved that invention through the utilization of facilities, aids or data provided to him/her by work. However, this shall not prejudice the worker's entitlement to a fair reward. The application may be submitted by the inventing worker during his/her service or within two years of quitting service.

Q: Can the applicant amend an application under process?

A: Yes as long as the applicant provides the supporting required documents.

Q: Can the applicant withdraw the application at any time?

A: Yes, The applicant may withdraw his/her application at any time before the issuance of the final decision. However, application withdrawal shall not entail the withdrawal of documents or the refunding of any fees or costs.

Q: Can a patent search be conducted?

A: yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in Algeria within three years from the date of grant or four years from filing date, otherwise the patent will be subject to compulsory licensing.

Algeria Patents Requirements

Patent Registration:

  • Applicant name and address.
  • Inventor(s) name and address.
  • Patent Abstract in French and  Arabic  language should be submitted upon filing,
  • Patent Specifications in French and Arabic should be submitted upon filing.
  • Patent Specifications in French and Arabic should be submitted within 6 months from filing date.
  • Certified copy of the priority document should be submitted within 3 month from filing date.
  • Certified copy of the international publication report upon filing.
  • Power of Attorney (POA): simply signed the original can be submitted within 2 month from filing date.
  • Deed of Assignment (DOA): signed by the inventor(s), notarized can be submitted within 2 months from filing date.

Algeria Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Ordinance No. 03-06 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Trademarks and its implementing regulations

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: Yes

Q: Is the country part of the Madrid Agreement?   

A: Yes

Q: Is the country part of the TRIPS Agreement?   

A: No

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice classification

Q: Are there any restrictions or limitations on the list of goods?

A: No

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes (Obligation when mark is filed in colors)

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: Yes

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: If we register in one GCC country does it mean we are protected in the country?   

A: Not applicable - Algeria is not part of the GCC countries. It is a North African country that is not party to OAPI or ARIPO.

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 3 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of one year from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: Assignment is possible, however amendment is allowed only in case of withdrawal of goods or classes, no amendment allowed to applicant name or address or mark itself.

Q: Do you have to include a consideration on the assignment document?

A: No

Q: Are there any specific custom procedures in the country?   

A: Yes

Algeria Trademarks Process

Trademark Registration: 

  • The registration process takes 18-36 months to be completed.
  • A single application could be filed for multiple classes.
  • The Filing and publication fees are settled at the time of filing of application.
  • The application will be examined by the TMO within a period of 18 to 24 months. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the certificate of registration will be issued.
    • Reject the application, the TMO gives the applicant 60 days to reply to the rejection and can be extended for a similar period if needed upon the applicant’s request.
  • The TMO publishes the trademark certificate in the official gazette for informative purposes only; No one can oppose the said publication.
  • You may file a cancellation action against the infringed mark within 5 years from the date of registration of the trademark.
  • 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 up to 18 to 24 months to be completed.
  • A single application could be filed for multiple classes.
  • The renewal application should be filed within the last 6 months of the valid protection period.
  • A 6 months grace period after the expiry of the valid protection period is granted for filing late renewal, subject to late penalty fees.
  • The application should be filed along with evidence proving usage of mark during the last year of the protection period.
  • The application will undergo formality examination by the TMO which will issue a decision to either:
    • Accept the application, the certificate of renewal will be issued.
    • Conditionally accept the application, the TMO gives the applicant a period of 60 days to amend the application to comply with its regulations; otherwise the application will be rejected.
  • 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 10 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 3 to 12 months to be completed.
  • A single application may be filed for more than one trademark application / registration.
  • The application will undergo formality examination by the TMO which will issue a decision to either:
    • Accept the application, the certificate of change will be issued.
    • Conditionally accept the application, the TMO gives the applicant a period of 60 days to amend the application to comply with its regulations, otherwise the application will be rejected.
  • 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 3 to 12 months to be completed.
  • A single application may be filed for more than one trademark application / registration.
  • The application will undergo formality examination by the TMO which will issue a decision to either:
    • Accept the application, the certificate of assignment will be issued.
    • Conditionally accept the application, the TMO gives the applicant a period of 60 days to amend the application to comply with its regulations, otherwise the application will be rejected.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

Algeria Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the goods to be covered by the application (Classes) - translated to French.
  • Power of attorney (POA): Original should be simply signed for each application independently and submitted within 60 days from filing.
  • A certified copy of the priority document in case claimed should be provided within 3 months of filing date.

Trademark Renewal:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Power of attorney (POA): Original should be simply signed for each application independently and submitted within 60 days from the submission of renewal application.
  • A simple copy of the trademark registration certificate.
  • A simply signed declaration of use of the mark completed on applicant letterhead is required upon filing of the renewal application.

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the change specifications.
  • A document proving the change of name legalized at the Algerian embassy along with its sworn French translation by local Translator submitted at filing.
  • Power of attorney (POA): Original should be simply signed at time of filing.
  • A simple copy of the trademark registration certificate.

Trademark Assignment:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the assignment specifications.
  • An assignment document notarized and legalized at the Algerian embassy, along with its sworn French translation by local Translator submitted at filing.
  • Power of attorney (POA): Original should be simply signed at time of filing.
  • A simple copy of the trademark registration certificate.

Bahrain Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   10 Gregorian years, plus 5 renewable years (15 years)
Are there any annuity fees to pay?   Yes, annually.

Bahrain Design Process

Design Registration: 

  • The registration process takes 6 months to be completed.
  • A single application can be filed for 1 to 50 designs as long as they are in the same class.
  • The application will be examined by the TMO within a period of 1 week. After the end of the examination period, the TMO will issue a decision to either:
    • Amend the application, the applicant has 90 days from the official notification date to amend the application accordingly, otherwise the application will be considered withdrawn.
    • Accept the application, the publication fees should be settled within 30 days from the official notification date, otherwise the application will be considered withdrawn.
    • Reject the application, the applicant has 30 days from the official notification date to reply to the decision, otherwise the application will be considered withdrawn.
  • The application will be published in the official gazette for informative purposes only; no one can oppose the said publication.
  • The registration fees will be settled along with the publication fees and the certificate of registration will be issued within 1 -2 working days from the date of settlement of registration fees.
  • The design's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for 5 years only.

Design Renewal: 

  • The design’s registration is valid for 10 years starting from the filing date.
  • The applicant can renew the design for additional 5 years only.
  • The renewal application should be filed within the last year of the design’s protection period.
  • A 6 months grace period is given after the expiry of the protection period to renew the design, however is subject to a late penalty fee.

Design Annuity:

  • Annuity fees should be settled prior to the anniversary of the date of registration of every year.
  • A 6 months grace period is granted to the applicant to settle the annuity fee after the expiry of the anniversary date.

 

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