Trademarks in Tunisia

Competent Authority

• Name of Office: National Institute of Standardization and Industrial Property (Institut National de la Normalisation et de la Propriété Industrielle - INNORPI).
• Working Language: Arabic and French.
• System Type: National (with international extension channels available via the Madrid System).

International Treaties

• Paris Convention: Member.
• Madrid System: Member of both the Madrid Agreement and the Madrid Protocol. International trademark registrations via the Madrid System can designate Tunisia.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants who do not have a domicile or effective commercial establishment in Tunisia must be represented by a local authorized trademark agent or legal representative.
• Power of Attorney (POA): Required for representation; a simply signed Power of Attorney is generally accepted and does not require notarization or consular legalization.

Online Filing and Search

• Electronic Filing: Managed through INNORPI national administrative channels and official local physical or digital submission workflows.
• Trademark Search: Strongly recommended prior to filing to screen prior conflicting rights via INNORPI prior art search services.

Protectable Trademark Types

• Word marks, figurative elements, devices, combined marks, and logos.
• Applications and associated descriptions must be submitted in Arabic or French.

Classification

• System: Nice Classification.
• Multi-class Applications: Supported, allowing a single application to cover multiple classes of goods and services subject to additional class fees.

Examination

• Scope: INNORPI conducts formal administrative reviews and absolute grounds examinations (checking for distinctiveness, public order, and morality). Note: INNORPI does not perform an automatic substantive relative grounds examination for prior conflicting rights; relative protection relies heavily on the post-application opposition system.

Publication and Opposition

• Opposition System: Once approved during the formal stage, trademark applications are published in the official industrial property bulletin (Al-Muwassafat / Official Trademark Gazette). Interested third parties may file a notice of opposition within 2 months (60 days) from the publication date.

Timeframes

• Registration Timeline: Approximately 12 to 14 months for a straightforward, unopposed application process from initial submission to final certificate issuance.

Official Fees

• Official fee schedules are regulated by national decrees and denominated in Tunisian Dinars (TND). Baseline statutory schedules cover electronic or paper filings per class, with incremental fees for multi-class inclusions, prior art searches, and certificate issuance.

Duration and Renewal

• Protection Term: 10 years calculated from the filing date.
• Renewal Window: Can be renewed for successive 10-year blocks prior to expiration, backed by standard administrative renewal frameworks.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to revocation or cancellation actions brought by any interested party if it has not been put to genuine commercial use for a continuous period of 5 consecutive years following registration.
• System Type: First-to-file (La propriété s'acquiert par le dépôt).

Post-Registration Procedures

• Assignments, licensing agreements, changes of name, and changes of address must be formally recorded with INNORPI to ensure legal effectiveness and enforceability against third parties.

Legal Remedies & Enforcement

• Enforcement: Handled via civil and criminal court infringement proceedings before Tunisian judicial tribunals, provisional interdicts, damages, and border customs anti-counterfeiting enforcement measures.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.