ALGIERS - According to the Algerian Implementing Regulations for Patents, Layout Designs of Integrated Circuits and Trademarks Laws, which were published in the Official Gazette No. 54 on August 7, 2005, renewal applications should be accompanied by proof of local use of the mark in the year preceding the renewal deadline.
In accordance with Article 19 of the Executive Decree No. 05-277 related to Trademarks of 2005 determining trademark filing and registration modalities, "Renewal applications should be supported by any means likely to substantiate the use of the mark within the year preceding the renewal due date, in accordance with Article 11 of Ordinance No. 03-06 related to Trademarks of July 19, 2003." This Article stipulates, "The practice of the right granted by a mark registration shall involve the serious use of the mark on goods or the packages thereof, or related to the services identified by such mark."
In case the trademark registration which is due for renewal has actually been used in Algeria, an affidavit simply signed by the applicant declaring the same should be filed with the renewal application. Copies of invoices evidencing actual sales would also be undeniable proofs of use.
Late filing of such evidences is feasible but no later than 60 days as from the renewal application date.
Enforced as of January 2006, requirements for renewal of trademark/service mark registrations have become as follows:
- A simply signed Power of Attorney for each application.
- Fifteen prints of the mark not exceeding 9 centimeters.
- The number and date of the registered trademark/service mark.
- The name, address and nationality of the applicant.
- Proof of use.
For more information or any inquiries, please contact Abu-Ghazaleh Intellectual Property (AGIP) Algeria office at the following address:
PO Box: 148, Alger, R.P. 16004, Algeria
Tel: (213-21) 68 15 04 or (213-21) 68 11 40
Fax: (213-21) 68 15 41
Email: agip.algeria@tagi.com
Contact: Mr. Nabil Abu-Atiyeh