Filing Requirements
- Power of attorney simply signed.
- Certified copy of the priority document if claimed.
Notes
- The priority document can be submitted within six months from the filing date.
- It is not possible to use the class headings.
- There is no publication in the Official Gazette of accepted trademarks in Algeria. Only registered trademarks are published in the Official Gazette. Thus, any interested party can file a cancellation action against a registered trademark within five (5) years from its publication.
Registration with Customs Duty
- Power of attorney signed and stamped on the company's letterhead, legalised.
- A request to the Directorate in the form of a petition.
- Trademark registration certificate in Algeria.
- Seventy (70) photos of the genuine products and their packaging and description of the counterfeited products.
- Location of the suspected shipment.
- The date of expected arrival.
- Exporter and/or importer details (e.g. name, nationality, address, contact numbers).
- Customs applicant's commitment form (engagement to proceed with legal civil or penal action after each seizure), to be signed by the company representative or manager in French.
Notes
There is no practice of registering a trademark with the General Directorate of Customs (Directorate). However, a right owner can file a request to the Directorate to halt releasing a shipment suspected of containing fake or infringing products entering the country.
Once the Directorate identifies infringing goods, it will suspend such goods for three (3) days and sends a written notice thereof to the right holder or its representative to take a sample of the seized goods. The right holder or its representative has three (3) days to confirm whether the same is genuine.
If the goods are counterfeited, the right owner has to file a court action within ten (10) days with the relevant court jurisdiction. Otherwise, the seizure shall be void by the force of the law, and the goods will be released.
Once the Directorate identifies infringing goods, it will suspend such goods for three (3) days and sends a written notice thereof to the right holder or its representative to take a sample of the seized goods. The right holder or its representative has three (3) days to confirm whether the same is genuine.
If the goods are counterfeited, the right owner has to file a court action within ten (10) days with the relevant court jurisdiction. Otherwise, the seizure shall be void by the force of the law, and the goods will be released.
Renewal Requirements
- Power of attorney simply signed.
- Declaration of use.
Notes
- Late filing of documents: not allowed.
Proof of use or a signed affidavit on the company's letterhead should accompany the renewal application confirming that the mark has been in use for at least the last year before expiry.
Search Requirements
- No documents are required.
Assignment Requirements
- Power of attorney signed by the assignee.
- Photocopy of the trademark registration certificate.
- Deed of assignment document signed by both parties, legalised.
Notes
- Late filing of documents: not allowed.
The deed of assignment must be either in Arabic or in the French language. A translation into either Arabic or French is required if the deed is in English
Merger Requirements
- Power of attorney simply signed.
- Photocopy of the trademark registration certificate.
- Merger agreement document signed by both parties, legalised.
Notes
- Late filing of documents: not allowed.
The deed of merger must be either in Arabic or in the French language. A translation into either Arabic or French is required if the deed is in English
Recordal of Change
- Power of attorney reflecting the new name or address simply signed.
- Certificate of change of name legalised.
Notes
- Late filing of documents: not allowed.
The certificate of incorporation is not required for the change of address.
License Requirements
- Power of attorney signed by both parties.
- Photocopy of the trademark registration certificate.
- License agreement document signed by both parties, legalised.
Notes
- Late filing of documents: not allowed.
The deed of the license must be either in Arabic or in the French language. A translation into either Arabic or French is required if the deed is in English