This document provides information about trademarks in Algeria, including: 1) Algeria's legal basis for trademarks is Ordinance No. 03-06 of July 19, 2003 and Decree No. 05-277 of August 2, 2005. 2) Algeria is a member of several international conventions regarding trademarks. 3) The registration procedure involves filing an application in five copies along with required documents like a power of attorney, priority documents if claiming priority, and prints of the mark. 4) A trademark registration is valid for 10 years and can be renewed for additional 10 year periods. Registration can also be assigned or licenses.

1. Presented By
Mohamed Ezz
Trademark Attorney

2. GENERAL INFORMATION
Full name: The People's Democratic Republic of Algeria

Population: 34.4 million (UN, 2008)

Capital: Algiers

Area: 2.4 million sq km (919,595 sq miles)

Major languages: Arabic, French, Berber

Major religion: Islam

Life expectancy: 71 years (men), 74 years (women) (UN)


3. GENERAL INFORMATION
Monetary unit: 1 dinar = 100 centimes

Main exports: Oil, gas

GNI per capita: US $3,620 (World Bank, 2007)

Internet domain: .dz

International dialling code: +213


4. LEGAL BASIS
Ordinance No. 03-06 of July19, 2003

 Implementing Decree No. 05-277 of
August 2, 2005

5. MEMBERSHIP IN INTERNATIONAL
CONVENTION
Paris Convention for the protection of Industrial

Property, Stockholm Act, since March 1st 1966.
Madrid Agreement for the Repression of False or

Deceptive Indication Source on Goods, Stockholm
Act, since July 5th, 1972.
Madrid Agreement Concerning the International

Registration of Marks, since July 5th, 1972.

6. MEMBERSHIP IN INTERNATIONAL
CONVENTION
Nice Agreement Concerning the International

Classification of Goods and Services, Stockholm
Act, since July 5th, 1972.
Lisbon Agreement for the Protection of Appellations

of Origin and their International Registration,
Stockholm Act, since July 5th, 1972.
Convention Establishing the World Intellectual

Property Organization (WIPO), since April 16th,
1975.

7. REGISTRATION PROCEDURES
Trademark application must be filed into five copies in

the prescribed manner and form. Once a trademark
application is filed, the filing receipt indicating the filing
number and the filing date is issued
Algeria Trade mark Office will examine the application to

ensure formal compliance. Trademark applications are
not examined as to its registrability or against prior
applications or registrations. Therefore, once formal
compliance is secured The certificate of registration is
issued after completing all the filing requirements.

8. REGISTRATION PROCEDURES
Trademarks are published after the registration and

there is no provision for filing opposition to the
registration of a mark. Also, there is no provision for
appealing the Registrar’s decision issued in favour or
against the registration of a trademark.
The International Classification of Goods and Services

for the Purposes of the Registration of Marks under the
Nice Agreement is followed in Algeria. An application
may include goods and/or services in any number of
classes against payment of an additional fee to cover
the additional classes.

9. REGISTRATION PROCEDURES
One Trademark application may include goods

and/or services in any number of classes against
payment of an additional fee to cover the additional
classes.
Time Frame to obtain certificate of registration from

Algerian Trademark Office is approximately
between 6-9 months.

10. REQUIRED DOCUMENTS
A Power of Attorney in French simply signed.
1)
A separate POA should be submitted for each
application.
The power must include the name and the quality of

the signatory. Such document can be provided
within a period of 6 months starting from the
application filing date. Extension of time is not
possible.

11. REQUIRED DOCUMENTS
Official Copy of the Priority Document. If any priority is
2)
to be claimed.
Priority document can be provided within a period of 6 months

starting from the mark filing date. Extension of time is not possible.
If a convention priority is to be claimed in Algeria, the number, date

and country of the basic foreign application.

12. REQUIRED DOCUMENTS
A The name, nationality, address and profession or
3)
nature of business of the applicant.
List of the goods to be included in the application.
4)
15 prints of the mark
5)

13. REGISTRATION PERIOD/RENEWALS
A trademark registration is valid for ten years from the

date of filing the trademark application.
Thereafter, a trademark registration is renewable for

periods of ten years each upon application to be filed
within a grace period of six months before the expiration
date of the registration.
Late renewal a trademark registration is allowed within a

grace period of two months against payment of lateness
fine. During this period the mark can not be re-filed by a
different applicant.

14. ASSIGNMENT
The assignment of a trademark is possible with or without the

goodwill of the business. Changes in the name and/or address
of a registrant must be recorded. Recording a license is
possible and an unrecorded license is invalid.
Required Documents
1) A simply signed Power of Attorney by the assignee.
2) A duly notarized deed of assignment signed by the assignor
and the assignee.
3) The name and address of the assignee.
4) The number and date of the registered trademark/service
mark

15. TRADEMARK PROTECTION
Disputes about ownership
If a registered mark is confusingly similar to his own, the

proprietor of a registered trademark may apply for the
cancellation of this mark within five years of the filing date of
that mark.
User Rights and Obligations
Use of trademarks in Algeria is not compulsory for filing

applications for registrations not for maintaining trademark
registration in force. However, a trademark registration is
Vulnerable to cancellation on the strength of a court decision
obtained to this effect by any interested party

16. TRADEMARK PROTECTION
User Rights and Obligations
The registration of a mark shall entitle its owner to the

property thereof on goods and services he determines
thereto
It shall be permissible to use the right granted under the

mark registration towards the third party who
commercially uses a mark, symbol or trade name that is
confusingly similar for identical or similar goods and
services without the permission of the owner.
The owner of a well-known mark in Algeria shall have

the right to prevent others from using his mark without
permission

17. TRADEMARK PROTECTION
User Rights and Obligations
A cancellation action relies basically on establishing sufficient

grounds that the trademark in question has not actually been
used seriously for a period more than three uninterrupted
years after filing the application or if the use ceases for the
same.
The above rule shall not be applied if one of the following cases

exists:
1) That the failure of use does not last for more than
three years.
2) Before the end of said deadline, the owner brings the
evidence that serious circumstances justify the failure
of use; in this case an extension of the deadline not
exceeding two years will be granted

18. TRADEMARK PROTECTION
Trademark Infringement
Any infringement or unauthorized use of a registered

trademark is punishable under the provisions of the Algerian
law concerning the protection of Intellectual Property rights.

19. Should you have any further Information,
please feel free to contact me at
Mohamed.ezz.ragheb@windowslive.com