What’s a Brand?

A trademark or service mark is a visible sign capable of being graphically depicted to differentiate between goods offered for sale or services provided by a natural or lawful entity.

What are the advantages of filing?

Ownership of a trademark shall be gained by registration. Registration confers the exclusive right to use the trademark and protection against potential counterfeiters and imitators, etc. The defense shall be assured for a term of 10 years, renewable indefinitely.

How to register or renew a trademark?

The documentation to be issued for registration or renewal of a trademark shall be as follows:

• Five copies of the trademark not exceeding 10 cm on each side (click here to download the application form or here for the renewal).
• A receipt for payment of the filing fees to INNORPI (payment is made on the spot).
• A list of the goods and/or services for which the trademark is or will be used.
• A power of attorney, if necessary for the representative.
• An indication that the applicant is claiming the priority right attached to a previous filing abroad, if applicable.
• Translated with www.DeepL.com/Translator (free version)

Trademark clearance search

Upon request, the National Institute for Standardization and Industrial Property can perform a search for a trademark to guarantee its availability before continuing with its registration (click here to access the form). Anteriority search fee: 36,300 TND, all taxes included.

The opposition procedure

Opposition to an application for approval of a trade mark can be filed by:

• The owner of a previously registered or filed trademark or the beneficiary of the right of priority for the registration of a trademark.
• The owner of an earlier well-known trademark.
• The beneficiary of an exclusive right of exploitation, unless otherwise stipulated in the contract.

Within two months following publication of the applications for registration in the Industrial Property Office of Innorpi Muwassafat. This approach has the benefit of shortening the time and the expenses of dispute settlement, in accordance with the conciliation process between the parties to the dispute.

How much does it cost to protect a trademark?

Registration of a trademark	595,600 TND, TTC
Renewal of trademark registration	774,100 TND, TTC

For any additional class of goods and/or services, the fees are :

At the filing	119,000 TND TTC
At renewal	178,500 TND, TTC
The fee for the certificate of registration of a trademark (at the time of issue).	95,800 TND, TTC
The fee for a request for opposition	417,100 TND, TTC

The International Classification of Goods and Services

The International Classification of Goods and Services for the Purposes of Registration, defined by an agreement concluded at the Nice Diplomatic Conference on 15 June 1957, was updated in 1967, 1977 and 2000.

The Classification provides a normative and harmonized system for the classification of goods and services for registration and facilitates trademark searches.

Class 1: Industrial, scientific, photographic, agricultural, horticultural and forestry chemicals; raw artificial resins, raw plastic materials; earth fertilizers; fire extinguishing compositions; preparations for quenching and welding metals; chemicals for preserving foodstuffs; tanning materials; adhesives (sticky substances) for the industry.

Class 2: Paints, varnishes, lacquers; rustproofing products and products against deterioration of wood; dyestuffs; mordants; natural resins in the crude state; metals in sheet and powder form for painting, decoration, printing, and artworks.

Class 3: Bleaching preparations and other substances for laundry use; cleaning, polishing, degreasing, and abrasive preparations; non-medicinal soaps; perfumery products, essential oils, non-medicinal cosmetics, non-medicinal hair lotions; non-medicinal toothpaste.

Classe 4: Industrial oils and greases; lubricants; products for absorbing, sprinkling and binding dust; fuels (including motor spirit) and lighting materials; candles and wicks for lighting.

Class 5: Pharmaceutical products, medical and veterinary preparations; hygienic products for medicine; foodstuffs and dietetic substances for medical or veterinary use, baby foodstuffs; food supplements for human beings and animals; plasters, dressing materials; materials for filling teeth and for dental impressions; disinfectants; products for destroying pests; fungicides, herbicides.

Class 6: Base metals and their alloys, ores; structural metallic materials; transportable metal constructions; non-electrical metal cables and wires; small metal hardware; metal containers for storage or transport; safes.

Class 7: Machinery and machine tools; engines (except land vehicle engines); couplings and transmission components (except for land vehicles); agricultural implements other than hand-operated; egg incubators; vending machines.

Class 8: Hand-operated hand tools and implements; cutlery, forks, and spoons; edged weapons; razors.

Class 9: Scientific, nautical, nautical, geodetic, photographic, cinematographic, optical, weighing, measuring, signaling, checking (inspection), emergency (rescue) and teaching apparatus and instruments; apparatus and instruments for conducting, distributing, transforming, storing, regulating or controlling electric current; apparatus for recording, transmitting, reproducing sound or images; magnetic recording media, acoustic discs; compact discs, DVDs and other digital recording media; mechanisms for pre-paid apparatus; cash registers, calculating machines, data processing equipment, computers; software; fire extinguishers.

Classe 10: Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes, and teeth; orthopedic articles; suture material; therapeutic and assistive devices designed for the disabled; massage appliances; childcare apparatus, devices, and articles.

Class 11: Apparatus for lighting, heating, steam production, cooking, refrigerating, drying, ventilation, water supply, and sanitary installations.

Class 12: Vehicles; appliances for locomotion by land, air or water.

Class 13: Firearms; ammunition and projectiles; explosives; fireworks.

Classe 14: Precious metals and their alloys; jewelry, precious and semi-precious stones; clocks and watches and chronometric instruments.

Class 15: Musical instruments.

Classe 16: Paper and paperboard; printed matter; articles for bookbinding; photographs; stationery and office requisites, except furniture; adhesives (adhesive materials) for stationery or household purposes; Artists’ and drawing materials; brushes; instructional or teaching material; plastic sheets, films, and bags for wrapping and packaging; printing type, printing blocks.

Class 17: Rubber, gutta-percha, gum, asbestos, asbestos, mica, crude and semi-manufactured mica, and substitutes therefor; plastics and semi-manufactured resins; caulking, sealing and insulating materials; non-metallic flexible hoses.

Class 18: Leather and imitation leather; animal hides and skins; luggage and carrier bags; umbrellas and parasols; walking sticks; whips and saddlery; collars, leads, and clothing for animals.

Class 19: Non-metallic building materials; non-metallic rigid pipes for construction; asphalt, pitch, and bitumen; non-metallic transportable constructions; non-metallic monuments.

Class 20: Furniture, mirrors, frames; non-metallic storage or transport containers; bone, horn, whalebone or mother-of-pearl, unworked or semi-manufactured; shells; seafoam; amber.

Class 21: Utensils and containers for household or kitchen use; combs and sponges; brushes, except paintbrushes; brush-making materials; cleaning materials; glass, raw or semi-manufactured, except construction glass; glassware, porcelain, and earthenware.

Class 22: Ropes and twine; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks and bags for the transport and storage of goods in bulk; padding material, except paper, paperboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.

Class 23: Yarn for textile use.

Class 24: Textiles and their substitutes; household linen; curtains of textile or plastic materials.

Class 25: Clothing, footwear, headgear.

Class 26: Lace and embroidery, ribbons and laces; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.

Class 27: Carpets, mats, matting, linoleum, and other floor coverings; non-textile wall hangings.

Class 28: Games, toys; video game apparatus; gymnastic and sports apparatus; Christmas tree decorations.

Class 29: Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruit and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats.

Class 30: Coffee, tea, cocoa and coffee substitutes; rice; tapioca and sago; flours and preparations made from cereals; bread, cakes and confectionery; ice cream; sugar, honey, molasses syrup; yeast, baking powder; salt; mustard; vinegar, sauces (condiments); spices; ice for refreshment.

Class 31: Raw and unprocessed agricultural, aquaculture, horticultural and forestry products; raw and unprocessed seeds and seeds; fresh fruit and vegetables, fresh herbs; Natural plants and flowers; bulbs, seedlings, and seeds; live animals; animal food and drink; malt.

Classe 32: Beer; mineral and aerated waters and other non-alcoholic beverages; fruit drinks and fruit juices; syrups and other preparations for making beverages.

Class 33: Alcoholic beverages (except beer).

Class 34: Tobacco; smokers’ articles; matches.

Class 35: Advertising; management of commercial affairs; commercial administration; office work.

Class 36: Insurance services; financial affairs; monetary affairs; real estate affairs.

Class 37: Construction; repair; installation services.

Class 38: Telecommunications.

Class 39: Transport; packing and storage of goods; travel arrangements.

Class 40: Treatment of materials.

Class 41: Education; training; entertainment; sporting and cultural activities.

Class 42: Scientific and technological services and related research and design services; industrial analysis and research services; design and development of computers and software.

Class 43: Food and beverage services; temporary accommodation services.

Class 44: Medical services; veterinary services; hygienic and beauty care services for human beings or animals; agricultural, horticultural, and forestry services.

Class 45: Legal services; security services for the physical protection of material goods and individuals; personal and social services rendered by third parties to meet the needs of individuals.

For more information, click here.

Source: Tunisian Republic Ministry of Industry and SMEs