Algeria

Trade Mark

Forms part of

No
ARIPO
No
OAPI
Yes
MADRID
Yes
SERVICE CLASSES
Yes
WELL-KNOWN TRADE MARKS RECOGNISED?
NA
NICE CLASSIFICATION

10th edition

Algeria is a party to the Madrid System for International Registration of trade marks and the Paris Convention for Protection of Industrial Property.

OAPI

ARIPO

International Arrangements

Algeria is a party to the Madrid System for International Registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Algeria follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 48 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. There is no provision for opposition proceedings.

Common Law and Well-Known Trade Marks

Algeria is a first to file jurisdiction and there is no statutory provision for the protection of common law trade mark rights. Well-known trade marks in terms of the Paris Convention are, however, recognised and enforceable in Algeria.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter. 

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT
Further, because we view Africa as a reservoir of immense potential for global businesses and investors, we are eager to assist foreign and local clients with IP-related matters throughout the continent, as well as with general commercial legal services

OAPI

ARIPO

International Arrangements

Algeria is a party to the Paris Convention for Protection of Industrial Property as well as the Patent Cooperation Treaty (PCT). It is possible to claim priority under the Paris Convention and designate Algeria from PCT applications.

Types of Patents

Patents of invention.

Novelty Requirements

Absolute novelty. A patent will be granted if the invention is found to be novel, inventive and industrially applicable.

Grace Period/Prior knowledge excused

No grace period applicable.

Examination procedure

Only formal examination is conducted.

Duration and Maintenance

A patent has a duration of 20 years from the date of filing.

Working requirement

Patents must be worked within four years of filing or three years from grant, otherwise the government has the power to extend compulsory licenses to other parties.

Design

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Further, because we view Africa as a reservoir of immense potential for global businesses and investors, we are eager to assist foreign and local clients with IP-related matters throughout the continent, as well as with general commercial legal services

OAPI

ARIPO

International Arrangements

Convention priority may be claimed through the Paris Convention.

Types of Designs

A registered design may be obtained for the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture materials of the product or its ornamentation and layout designs (topography) for the elements and connections of integrated circuits.

Classification

Classification is done according to the Locarno International Classification of Designs.

Novelty Requirements

A design must be new to be registered, meaning that it must not have been created previously. Prior disclosure does not destroy novelty.

Grace Period/Prior knowledge excused

A grace period of six months is applicable where a design has been disclosed at an internationally recognised exhibition.

Examination procedure

Only formal examination is conducted.

Duration and Maintenance

A registered design has a duration of 10 years from the filing date. The design is registered for a one-year term, which is extendible for another nine years upon payment of renewal fees.

Working requirement

No working requirement applicable.