Tunisia – Procedural changes dealing with trade mark applications and oppositions
Tunisia, a country that recently joined the Madrid Protocol, has made certain procedural changes to its trade mark law. These changes affect not only trade mark applications, but also trade mark oppositions, where an EU-style conciliation process exists. These changes are contained in a new decree, Decree No. 2015-303, which has replaced Decree No. 2001-1603.
The following changes have been brought about:
- There is provision for the electronic filing of trade mark applications, although we understand that such filings are not yet possible.
- There are provisions dealing with trade mark registration through the Madrid Protocol.
- The term within which the trade mark applicant can file observations to a trade mark opposition has been increased from 45 days to two months from the date of notification of the opposition.
- There is now an eight-month term from the date of submission of the observations within which the parties can seek conciliation of the opposition.
- The period within which an opponent may file proof of use of the trade mark on which the opposition is based is increased from one month to two months.
- There is now a two-month term for the filing of any documentation that may be required in order to support transactions such as a change of name, a change of address, or an assignment.
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