Trademarks:
T1: How long will it take to conduct a trademark search?
Up to 40 days.
T2: Does your country use the international classification?
Yes.
T3: Are there any goods or services for which the mark can not be registered?
No.
T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
It gives protection to all the goods in the class including the specified goods.
T5: Can a trademark be registered in the name of more than one applicant ( i.e. joint application)? If so, what are its requirements?
Yes. No requirements.
T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
Yes, there is no deadline for the time being, but if filed early the certificate of registration would issue early.
T7: Can one application cover more than one class of goods/services?
Yes.
T8: May priority be claimed under the Paris Convention?
Yes.
T9: What is the term of protection of a trademark? From what date is it calculated?
The term of protection is 10 years, and the protection is calculated from the filing date.
T10: Is marking compulsory and, if so, how should marking be made?
Marking is not compulsory. Marking is not mentioned in the law.
T11: In the event a trademark is not renewed in due time, and another company registers the same trademark, can the original owners oppose the registration or not?
Yes they can within the grace period which is six months.
T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
A new simply signed power of attorney will be required for such procedure.
T13: Is use required before registration or for maintaining the registration in force?
Use is required for maintaining the registration in force during the first year of protection.
T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
Yes, if such use will be extended to the other goods during the protection period.
T15: What are the types of use required?
The product should be distributed in the market.
T16: Can the assignment of an application be recorded?
Yes.
T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
No, but recording license agreements for use by the licensees will maintain the protection of the registered marks.
T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
Yes.
T19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
The assignment should be based on goodwill. The minimum value of the assignment is one dollar. There is no tax based on the value mentioned.
T20: Can the trademark application be opposed and what is the opposition period?
The publication of the marks in the Official Gazette is only to announce the registration of the marks, but not to oppose the registration. Any opposition should be by the court through cancellation action.
DESIGNS (Industrial Models):
D1: Are designs registrable in Algeria?
Yes.
D2: Should the design application be filed under the form of drawings and/or photographs, the size thereof and the number of views?
The design should be filed under the form of photographs , or specimens of the actual design.
D3: What are the novelty requirements for a design application to be valid?
In order for a design application to be valid the following requirements are requested:
- The design application should be filed for the 1st time in Algeria.
- It should not be published accordingly.
- There should be creativity and distinctiveness in the design so that it would be distinguished and noted as different from other designs.
D4: Can convention priority be claimed in Algeria? (Paris Convention).
Yes.
D5: Does your country use the international classification?
Yes.
D6: Are there any goods or services for which the design can not be registered?
No.
D7: Is the assignment of the creator compulsory for a design application?
Yes.
D8: Is there any deadline to apply for the publication of a secret filing of a model/design?
Filing will not be a secret after publication at the end of the first year.
D9: Are there any special advantages in filing a one year model or a design in a secret form?
No.
D10: Is it possible to file more than one design/model in the same application? If yes, are there any advantages in doing so?
No.
D11: What is the term of protection of a model or design in Algeria? Can this term be extended?
The term of protection of a model/design is 10 years divided into 2 separate periods: first year and renewal for the other 9 years, without extensions.
D12: Is use required to maintain the registration of a model or design in Algeria?
No.
D13: Are designs/models protected by copyright law as well?
Designs and models are protected by the copyright law.
D14: Are there provisions in the law to oppose a model/design registration?
Yes, but through the court only.
D15: Is it possible to apply for cancellation of a model/design filed in a secret form?
Yes, but through the court only.
PATENTS:
P1: Can a patent search be conducted?
Yes.
P2: Can a patent application be filed without its complete documents?
Yes.
P3: Can convention priority be claimed (Paris Convention)?
Yes.
P4: Can a registration be obtained for pharmaceutical products?
Yes.
P5: What is the term of protection of a patent and from which date is it calculated? Can it be extended?
A Patent is valid for 20 years from the date of filing. Such a validity is subject to payment of annual fees, which could be extended up to six months but with lateness fine.
P6: Is a secret form of filing a model/design permitted?
Yes.
P7: Is there a novelty requirement? Is it local or worldwide?
Yes. Novelty is local.
P8: Are utility models granted protection in Algeria under the current Law?
Yes. Utility models are protected under the same law granted to protect models and designs.
P9: Is patent protection available for software alone, or must the software be coupled with computer hardware in order to permit patent application?
Nothing about this matter has been mentioned in the law.
P10: Can the specification or claims be amended?
Yes.
P11: Could annuity payments be made before the granting of the patent?
Yes.
P12: In what language should the specification and claims of the patent be filed?
In French and Arabic.
P13: Is working of the invention required to keep protection in force and, if so, can the working requirements be satisfied by importation or nominal working?
Yes, by either or both.
P14:What are the conditions that might lead to a compulsory license?
lack of use within 3 years.
P15: Must assignments be recorded within a certain period?
No. In order to be effective and against 3rd parties.
P16: Does the Patent Law provide for licenses or registered users?
The patent law provides for licenses.
P17: Does the Patent Office publish patent applications in the Official Gazette?
Yes.