A new trademark law is currently in its final stages of ratification. The Tunisian Government is expected to issue the law within the coming few weeks. This law will replace the Tunisian Trademarks and Trade Names law dated 4/6/1889 and its amendment of 1936.
The new law will feature several aspects, some of which are in compliance
with the TRIPS Agreement. The features include the protection of color, sound and collective marks, acknowledgement of well-known trademarks, as well as alteration of the registration procedure allowing for examination by the Tunisian authorities, then a publication of two months in which opposition maybe filed by any interested party.
Once the opposition period is completed and no opposition has been filed, then a trademark is regarded as registered and is again published in the official records within 2 months of the registration date.
Not withstanding any international agreements, foreign applicants must submit a copy of the home certificate of registration or filing document with the application.
Protection under the new law will be reduced to 10 years from the filing date instead of the designated 15 years currently being implemented. Also fines by court decisions on infringers may be levied from Tunisian Dinar (TD) 5,000 (=US$ 3,700) to TD 50, 000 (=US$ 37,000 ) .
Use of a trademark within a period of 5 years is a must by law. Once issued, the Trademark Department at the Ministry will be adopting the new law.