Algeria – Trademarks

From Filing to Registration: Approximately 24 to 48 Months

Convention Priority: Yes

Classification of Goods/Service: International (10th edition)

Multiple Class Applications: Yes

Procedure: Once the application is filed, it is queued to be examined as to trademark registrability. Accepted applications by the Registrar are registered. There is no provision for filing an opposition to the registration of a mark. Yet, any interested party may lodge a cancellation action before the Court.
Registration Validity: 10 years, renewable for other consecutive periods, each of which is 10 years.

Renewal Time: Application for Renewal should be submitted prior to expiry date. Late renewal can also be submitted within Six months as of the termination of the protection period.

Trade/Service mark Use: Not pre-requisite for registration. However, a trademark is vulnerable for cancellation by any interested party, who may prove that the trademark was not actually used during the five years preceding the application for cancellation.

 

---

Requirements:

Trademark Applications

1. Power of Attorney simply signed and stamped by the applicant.
2. The name, address and nationality of the applicant and the nature of its business.
3. A list of the goods to be covered by the application.
4. 15 prints of the mark for each application.
5. Copy of priority document, if priority is claimed, certified.

Document 1 may be submitted within 2 months from filing date. Document 5 may be submitted within 3 months from filing date.

Renewal of Trademark/Service Mark Registrations

1. Power of Attorney simply signed and stamped by the applicant.
2. The number and date of the registered trademark/service mark or copy of the registration /renewal certificate
3. Declaration of use, simply signed

Assignment Applications

1. Power of Attorney from the Assignee simply signed and stamped.
2. Deed of Assignment, signed by both parties and legalized up Algerian Consulate

Change of Address

1. Power of Attorney simply signed and stamped.

Change of Name

1. Power of Attorney simply signed and stamped.
2. Certificate of change of name; legalized up to Algerian Consulate.

Merger

1. Power of Attorney simply signed and stamped by the applicant.
2. Merger agreement duly legalized up to Algerian Consulate

Algeria – Patents

Patent Protection Period: 20 years

Annuity Payments: Renewal fees fall due annually from the first anniversary of the filing date.

Convention Priority: Yes

Novelty: Examined formally

Filing Language: Specifications, claim and drawings can be filed in Arabic or French.

Procedure: Once the application is filed, it is queued to be examined for formalities compliances and fulfilment of all requisites. Examination of patent applications will only be as to form and patentability of the invention’s title only, i.e. the applications will not undergo any substantive examination. Accepted patent will be granted. Patents are published in the Official Gazette after grant; there are no provisions for opposition

PCT: Algeria is contracting state of PCT
Time Limit for Entering PCT National Phase: 31 months

Filing Requirements

1. A simply signed Power of Attorney for each application.
2. The name, address, nationality and profession or nature of business of the applicant and the inventor(s).
3. A simply signed deed of assignment, if the applicant is not the inventor.
4. A summary of the invention (about 100 words) in French and Arabic.
5. Three copies of the specification and claims in French and Arabic.
6. Three sets of the formal drawings, if any.

A certified copy of the priority document for a convention application, if claimed

Assignment Applications

1. A simply signed Power of Attorney by the assignee.
2. Deed of assignment signed by the assignor and the assignee, duly legalized up to Algeria consulate along with its French translation.
3. The name, address and nationality of the assignee.
4. The number and date of the registered patent.

License Applications

1. A simply signed Power of Attorney by the licensee.
2. License agreement executed by both parties, duly legalized up to Algeria consulate along with its French translation.
3. The name, address and nationality of the licensee.

Algeria – Designs

Design Protection Period: 1 year from filing date and can be renewable for one term of 9 years.
Convention Priority: Yes
Novelty: Formally
Annuity Payments: Not applicable

Procedure: Once an application is filed, it is examined as to the form only and is accorded a filing date immediately. The application is kept secret during the first year of the duration term, unless the applicant requests publication. Applications are published in the Official Gazette after the lapse of the first year of protection period or earlier, upon the applicant’s request. There is no provision for filing opposition. The total duration of a design registration is 10 years as of the filing date of the application, divided into two terms; the first year and the succeeding 9 years. Applicants must request the 9-year extension either on filing or within the first year; otherwise the registration will expire. A grace period of 6 months is allowed.

Filing Requirements for Design Application:

1. Power of Attorney simply signed.
2. full particulars of the applicant
3. Drawings or photographs of the design or two specimens of the design
4. Certified copy of priority document with verified French translation, if priority claimed
5. Deed of assignment (if the applicant is not the creator) legalized.