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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 48 months, if no objections or oppositions arise.
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If I register my trademark in Algeria, do I have protection in other territories?
No. Registered trademarks in Algeria are protected only within its territories.
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Do I need to sign a Power of Attorney?
Yes. A power of attorney is necessary for the completion of a trademark application.
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Are there any benefits from a pre-filing use of the trademark?
There are no benefits from pre-filing use of a trademark.
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Will there be problems in case I don’t use my trademark after registration?
Yes. Third parties may attack a registered trademark and request for its cancellation on the ground of non-use.
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What are the types of trademark that can be registered in Algeria?
Registrable signs include words, slogans, colours, names, devices, three-dimensional shapes and trade dress/get-up. All signs that can be recreated graphically and can distinguish a good/service from its counterparts are registrable. Collective marks, service marks and well-known marks are also registrable.
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What are the phases of application after a trademark has been filed in Algeria?
Trademark application in Algeria goes through 3 phases namely examination, registration and publication. Opposition is not available. During the examination phase, the applicant’s eligibility is examined according to set requirements. The trademark is then registered and registration details are made accessible through publication.
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What type of trademark is not registrable?
Applicants cannot register the following:
- generic words,
- marks that are against public moral and order,
- name, flag or symbol of any state/nation/region or international organization
- marks that lack distinctive qualities
- names of geographic locations
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Does Algeria use the "Nice Classification" system?
Yes. The Nice Classification System is applicable in the jurisdiction of Algeria.
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Does the Community Trademark apply for Algeria?
The Community Trademark is not applicable for Algeria.
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Is there any possibility to claim priority in Algeria?
Yes. Priority can be claimed under the following conditions:
- The home country of the applicant is a signatory of the Paris Convention
- Home application was filed 6 months prior to application in this jurisdiction
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What do I need to do to satisfy the use requirement?
The trademark must be used within 3 years from the date of filing. Use must be based on commercial scale and must occur within the jurisdiction of Algeria.
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Once my trademark has been registered, for how many years will be valid?
The registered trademark is valid for 10 years starting from the application date.
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What will be the renewal date of my trademark?
The first renewal date will take place 10 years after the date of filing of application.
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Is it legal to use my trademark even if it is not yet registered?
It is legal to use an unregistered trademark for any products or services.