关于知识产权 知识产权培训 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 世界知识产权日 WIPO杂志 宣传 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 执法 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO ALERT 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决书 按司法管辖区搜索

突尼斯

TN015

返回

Decree No. 2001-1603 of July 11, 2001, establishing the Procedures for the Registration of and Opposition to the Registration of Trademarks and Service Marks, as well as the Procedures concerning Recording in the National Register of Marks

 Decree No. 2001-1603 of July 11, 2001, establishing the procedures for registration and objection to registration of factory, trade and service marks, and the procedures for entry in the National Register of Marks

page 1/4

Decree No. 2001-1603 of July 11, 2001, establishing the procedures for registration and

objection to registration of factory, trade and service marks, and the procedures for entry in the National Register of Marks

The President of the Republic,

On a proposal by the Minister of Industry,

Considering Law No. 82-66 of August 6, 1982, on Standardization and Quality, in particular Article 4,

Considering Law No. 2001-36 of April 17, 2001, on the Protection of Factory, Trade and Service Marks, in particular Articles 8, 11, 12 and 13,

Considering Decree No. 82-1314 of September 24, 1982, on the Organization and Operation of the National Institute of Standardization and Industrial Property,

Considering the opinion of the Administrative Tribunal.

Hereby decrees:

1. An application for registration of a mark should necessarily be accompanied by a file containing the following documents and information:

1 – a request for registration of the mark, drafted using a form established by the body responsible for industrial property.

The application must specify:

– the identity of the applicant and his address,

– the model of the mark, consisting of a graphic representation thereof in three copies,

– the goods or services to which the mark applies as well as the classes to which the goods and services belong,

– where appropriate, an indication that the applicant claims the right of priority attached to a previous deposit abroad,

2 – proof of payment of the prescribed fees,

3 – the power of attorney, where this is established,

4 – justification for use where the distinctive character of the sign registered as a mark has been acquired through use,

5 – where the applicant is a foreigner who is neither domiciled nor has his registered office on the national territory, and subject to international conventions, proof that he has lawfully registered the mark in the country of his domicile or where his registered office is based, and provided that country grants reciprocal protection to Tunisian marks.

A single deposit may relate to one mark only.

page 2/4

2. On receipt of a deposit, the body responsible for industrial property shall indicate the deposit date and number on the registration application.

All subsequent correspondence or filings of documents which do not state the registration application number or which are not accompanied, where appropriate, by proof of payment of the prescribed fee, shall be declared inadmissible.

3. The objection provided for by Article 11 of the above Law on the Protection of Factory, Trade and Service Marks shall be submitted in writing.

The objection raised shall include:

1 – a request for the entry of an objection in the National Register of Marks in two copies. The request shall include the following information:

– the identity of the party raising the objection and the information allowing the existence, nature, origin and scope of his rights to be established;

– references relating to the registration application against which the objection is raised and an indication of the goods or services covered by the objection;

2 – the following documents:

– an explanation of the means on which the objection is based;

– the power of attorney, where appropriate.

4. The objection shall be raised according to the following procedure:

1 – the objection shall be notified without delay to the holder of the registration application. A prescribed period shall be given for that person to submit his observations and, where appropriate, establish a power of attorney. The prescribed period may not be less than 45 days;

2 – where he fails to submit his observations or, as necessary, establish a power of attorney lawfully within the prescribed deadline, the holder of the registration application shall be considered to have acquiesced in the allegations made by the party raising the objection and therefore to have withdrawn the registration application;

3 – where the holder of the registration application submits his observations, the body responsible for industrial property shall forward a copy to the party raising the objection and shall invite both parties to present themselves at his office on a date which he shall set, with a view to achieving reconciliation between them;

4 – The body responsible for industrial property shall propose an amicable solution once he has studied the case and heard both parties.

Where the amicable solution is accepted by both parties, the agreement shall be recorded in an official report signed by both parties and the legal representative of the body responsible for industrial property.

Details of the follow-up action taken in relation to the registration application shall be recorded in the official report.

Where one of the parties rejects the amicable solution and the party raising the objection provides proof, within two months of the recording of non-conciliation made by the legal representative of the body responsible for industrial property, that he has made a request to

page 3/4

the competent court, challenging the mark registration application, the body responsible for industrial property shall decide to suspend the registration procedure for the mark in question.

5. The holder of the registration application may, in the observations he submits, invite the party raising the objection to produce documents establishing that the loss of the rights on which the objection is based is not incurred as a result of failure to use those rights.

The body responsible for industrial property shall grant a period of one month for the party raising the objection to produce the documents.

6. The objection procedure shall be terminated where:

1 – the party raising the objection has lost the capacity to act or has not provided, within the period provided for in Article 5 of this Decree, a document establishing that the party has not been deprived of his rights;

2 – the objection has become pointless following either an agreement between the parties, or the withdrawal or rejection of the application for registration against which the objection was raised;

3 – the effects of the previous mark on the basis of which the objection was raised have ceased.

7. For each deposit, the following shall be entered in the National Register of Marks, hereinafter the Register:

1 – the identity of the applicant and references to the deposit, as well as subsequent acts affecting its existence or scope;

2 – the acts leading to any change in ownership of a mark, or the enjoyment of the rights attached thereto and, where ownership of the mark is claimed, the objection to its registration or corresponding assignment;

3 – changes in names, legal status or address of the applicant, as well as rectifications of material errors affecting entries in the Register.

8. The information referred to in Article 7(1) of this Decree shall be entered at the initiative of the body responsible for industrial property or, where the judgment is final and relates to cancellation or disentitlement, at the request of one of the parties.

9. The acts referred to in Article 7(2) of this Decree, amending the ownership of a mark or the enjoyment of the rights attached thereto, such as the transfer, granting of a right of use, transfer of a security or renunciation thereof, seizure, validation and lifting of seizure, shall be entered in the Register at the request of one of the parties to the act.

Where an objection is raised to the registration of a mark, an entry in the Register shall be made at the request of the party raising the objection.

10. Changes to names, address, legal status and rectifications of material errors shall be entered in the Register at the request of the holder of the registration application or owner of the mark.

However, where these changes and rectifications relate to a previously registered act, the request may be made by any party to the act.

11. An application for entry in the Register shall include:

page 4/4

– a written request for registration in two copies;

– any document justifying the registration;

– proof of payment of the prescribed fee;

– power of attorney, where appropriate.

12. The Minister of Industry shall be responsible for enforcing this Decree which shall be published in the Official Gazette of the Republic of Tunisia.

Tunis, July 11, 2001. Zine El Abidine Ben Ali

Note: Translation by the International Bureau of WIPO.