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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 14 months, if no objections or oppositions arise.
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If I register my trademark in Tunisia, do I have protection in other territories?
The territorial limit of registration is Tunisia.
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Do I need to sign a Power of Attorney?
Yes, a power of attorney is necessary.
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Are there any benefits from a pre-filing use of the trademark?
An applicant does not benefit 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?
Attack on the ground of non-use is available. It could be cancelled by any interested third party.
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What are the types of trademark that can be registered in Tunisia?
- words
- names
- devices
- certain three-dimensional shapes
- colors
- slogans
- sounds
- trade dress/get-up
- holograms
- motion
- collective marks
- certification marks
- well-known marks
- service marks
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What are the phases of application after a trademark has been filed in Tunisia?
The order of the application process is examination, publication, and registration
Applications don’t go through examination procedures. . The trademark is registered in the absence of opposition.
The following application details are made available to the public:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- application number
- application date
- goods/services
- priority claim information
- representation of trademark
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What type of trademark is not registrable?
- marks contrary to moral standards or public order
- generic terms
- names, flags or symbols of states, nations, regions or international organizations
- non-distinctive trademarks
- principally as surnames
- geographic location names
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Does Tunisia use the "Nice Classification" system?
Tunisia uses the Nice Classification System.
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Does the Community Trademark apply for Tunisia?
Tunisia is not a member of the European Union; hence, the Community Trademark is not effective in this jurisdiction.
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Is there any possibility to claim priority in Tunisia?
- If an applicant's home country is a signatory to the Paris Convention.
- If the home application was filed within 6 months prior to the application in this jurisdiction.
- If an applicant's home country is a member of the World Trade Organization.
- An International Registration can be designated in Tunisia.
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What do I need to do to satisfy the use requirement?
A trademark must be used within five years from the filing date.
The amount of use must be on a commercial scale and must occur in Tunisia.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the application date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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Is it legal to use my trademark even if it is not yet registered?
Use of an unregistered mark for any goods or services is legal. However, it does not provide any legal right to the owner. Rights are obtained primarily through registration.