Tuesday, 8 September 2015

Tunisia's new trade mark law has suddenly become more accessible

Afro Leo learns from the World Intellectual Property Organization's WIPO Lex News that the text of Tunisia's Decree No. 2015-303 of 1 June 2015, establishing the Procedures for the Registration of and Opposition to the Registration of Trade Marks and Service Marks, as well as the Procedures concerning Recording in the National Register of Marks, has now been added to WIPO's online database of national IP laws. This Decree, which came into force on 9 June 2015 and repealed Decree No. 2001-1603 of 11 July 2001, introduced the following amendments to Tunisia's trade mark law:
(i) introduction of electronic filing of applications for the registration of trade marks;  
(ii) setting out of provisions governing the trade mark registration through the Madrid Protocol; 
(iii) extension during the opposition period of the time for the applicant to submit observations from 45 days to 2 months from the date of notification of the opposition; 
(iv) fixation of a maximum period of 8 months from the date of submission of observations for the applicant and the opponent to attempt conciliation in the trade mark opposition; 
(v) extension to 2 months from 1 month of the period during which the opponent may furnish proof of the use of the trade marks upon which opposition has been based and 
(vi) definition of a period of 2 months for the applicant to submit the missing documents to request recording of a change of names, addresses, ownership, assignment, etc., in the National Register of Marks.

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