Trademark registration in Algeria

Algeria, located in the heart of Africa with its majestic natural beauty and unique culture, is a country that is attracting the attention of global business. Faced with the rapid development of the economy and the ever-expanding market, trademark registration has become an important step to protect and shape brand reputation in a competitive environment. A trademark is not only a symbol but also a mark of class and distinction from other businesses. Viet An Law Firm will guide customers wishing to expand the scope of preliminary business procedures for trademark registration in Algeria. Understanding these regulations and processes not only helps businesses ensure the safety of their creativity, but also becomes an important position in today’s globalized landscape.

Legal basis

• Decree No. 03-06 of 19 Joumada El Oula of 1424, corresponding to July 19, 2003, on Trademarks.
• Other relevant legal documents.

The concept of “trademark” in Algeria

A trademark is a sign used to distinguish the name of a business’s product or service from the names of its competitors, it helps consumers choose the right product or service for their needs. Signs considered trademarks:

• Ability to express graphics,
• Include words, including personal names, letters, numbers, drawings, images or logos, signatures, colors, slogans, or combinations of these different forms.

Signs that are not supposed to be trademarks

• Markings used to designate or describe the product.
• These signs are likely to mislead consumers about the nature, quality, characteristics or origin of the product.
• These signs of violation of public order or good morals.
• These signs contain or imitate the official symbols of a country.
• These signs describe the shape of the product or its packaging if it is directly related to its properties or functions.
• These signs are created or partly generated from a geographical indication.

Conditions for trademark registration in Algeria

Segregation

The trademark must be able to distinguish the applicant’s goods or services from other businesses. A trademark cannot be identical or confusing to trademarks previously registered in Algeria.

There are no obvious descriptive signs

Trademarks should not consist solely of generic or descriptive terms commonly used to describe goods or services.

No functionality

A trademark cannot include characteristics that are important for the function or use of goods or services.

Trademark registration documents in Algeria

• 03 application forms, complete information. You can download the application form at: https://www.inapi.dz/
• A receipt proving the payment of fees to the account of the Intellectual Property Office of Algeria according to the fee price list.
• Original power of attorney, in case represented by an authorized intellectual property representative
• Written proof of right-of-way (if any).

Trademark registration fees in Algeria

Trademark registration fees in Algeria depend on many factors, including the number of groups of goods/services being registered, the type of trademark. Here are some of the trademark registration fees in Algeria:

• Basic Application Fee: First group of goods/services (text or image brand): DZD 2,000 (~USD 14.79)
• Each additional group of goods/services (text or image marks): DZD 800 (~USD 5.92USD)
• Trademark combination (text and shape): Same as fees for a group of goods/services Other fees
• Gazette publication fee: DZD 1,000 (~USD 7.39)
• Priority application fee: DZD 1,000 (~USD 7.39)
• Protection certificate fee: DZD 1,000 (~USD 7.39)

How to file for trademark registration in Algeria

To file for trademark protection in Algeria, you can file using the following filing methods:

• Direct submission: You can go directly to the office of the Algerian Intellectual Property Office at 42 rue Larbi Ben M’hidi B.P. 403 Alger to submit your application and related documents.
• By Post: You can send your application and all required documents via postal service or courier service to the address of the Algerian Intellectual Property Office.
• Submit online via website: https://e-services.inapi.org/eservices When applying online, you should pay attention to the payment of the relevant fee in accordance with the instructions of the Algerian Intellectual Property Office.

Trademark Application Processing in Algeria

After submitting the application, the Algerian intellectual property office will conduct due diligence

Test form

In order for a trademark application in Algeria to be approved at the form check, the application must meet the following requirements:

• Fill in the required information: The application must include all of the following information:
  • Name and address of the applicant
  • Trademark symbols (words, logos, symbols, etc.)
  • The list of goods or services for which the trademark will be used
  • Power of attorney (if any)
  • Priority requirements (if applicable)
• Select the right type of trademark: The application must select the right type of trademark, including:
  • Trademarks of words
  • Image branding
  • Trademarks that incorporate words and images
• Select the right grouping of goods/services: The application must select the correct subgroup of goods/services for which the trademark will be used. Algeria uses the Nice Classification system.
• Comply with the regulations on application: The application must be submitted in accordance with the regulations on deadlines, form, language, etc.

Check the contents

In order for a trademark application in Algeria to be approved at the content inspection stage, the application must meet the following requirements:

• Distinguishable: The trademark must be able to distinguish the applicant’s goods or services from those of other businesses.
• Undescriptive: The trademark must not specify the nature, quality, manner of manufacture, raw materials, price, address of the place where the goods or services are produced or provided.
• Non-functional: A trademark must not specify the functional or use characteristics of the goods or services.
• Do not duplicate existing registered trademarks: A trademark may not duplicate or cause confusion with existing registered trademarks.

Publication of the Industrial Property Gazette

If the trademark application in Algeria is approved at the content inspection stage, the intellectual property office will publish it in the Official Gazette of Algeria within two months to protest. Any third party involved in the use of a trademark may object to the registration of the trademark within two months from the date of publication. INAPI will review the objection and make a decision. If no objections or objections are resolved in the applicant’s favor, the trademark will be registered and a certificate issued.

Grant of protection titles

If no objections or objections are resolved in the applicant’s favor, the trademark will be registered and a certificate issued. In accordance with Algerian law, the processing time for a trademark application is from 12 to 14 months. Once registered, the trademark will be valid for 10 years from the date of filing. Trademarks can be renewed indefinitely for 10-year periods by paying renewal fees.

Trademark registration service in Algeria of Viet An Law Firm

• Carry out the search and notify you in writing of the results of the trademark search in Algeria;
• Prepare the dossier and directly file and monitor the status of the trademark application filing in Algeria;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Algeria;
• Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Algeria.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Algeria, please contact Viet An Law Firm for the most effective support.