About
what is a trademark?
A trademark is a sign used to distinguish the names of a company’s products or services from those of its competitors. It helps consumers identify and choose the product or service that meets their needs
What can be considered as a trademark?:
Any sign that can be represented graphically, such as words (including personal names), letters, numbers, drawings, images or logos, signatures, colors, slogans, or a combination of these forms.
What cannot be registered as a Trademark
- Signs that describe or directly designate the product.
- Signs that could mislead consumers about the nature, quality,
- characteristics, or origin of the product.
- Signs that are contrary to public order or accepted moral standards.
- Signs that contain or imitate official state emblems or symbols.
- Signs that represent the shape of the product or its packaging, if that shape is directly related to the product’s nature or function.
- Signs made up entirely or partly of a geographical indication.
How to Register a Trademark in Algeria
For this, a registration application must be filed with the INAPI.
Trademark Filing Procedure
Who can apply ?
- Applicants based in Algeria: Individuals or legal entities (companies, associations, public institutions, etc.) with a registered address in Algeria.
- Applicants based abroad: Individuals or legal entities must appoint an accredited agent approved by the Algerian Ministry responsible for industrial property.
Required documents
- Three (03) completed, signed, and dated copies of the official application form (available at www.inapi.dz).
- A proof of payment for the applicable fees deposited into the INAPI account, in accordance with the current fee schedule (available at www.inapi.dz). (Payment can also be made by cheque directly at INAPI.)
- An original, signed, and dated power of attorney, if the application is submitted by a representative, along with a priority document if applicable.
- Other documents may be requested depending on the case.
What should you do before applying for trademark protection?
Before starting the trademark registration process, it is strongly recommended to ensure that the name or sign you have chosen is available.
Prior Trademark Search It is essential to check for existing trademarks, including those with pending applications. This step will help you identify any trademarks that are identical or similar to yours and guide your decision-making. If your trademark conflicts with the rights of another individual or legal entity, it will not be eligible for registration under any circumstances.
How to protect a trademark internationally?
Registering a trademark in Algeria grants its owner protection within the national territory.
To protect your Algerian trademark internationally, there are two options:
- National Route: Apply directly to the trademark offices of the countries where the protection is requested. This typically requires appointing a local representative or agent.
- 2. International Route (Madrid System): Managed by the World Intellectual Property Organization (WIPO), the Madrid System is governed by two treaties — the Madrid Agreement and the Madrid Protocol.
This system allows applicants to request trademark protection in multiple member countries through a single application. The international application can be based either on a registered trademark or a pending application in Algeria, provided the destination countries are members of the Madrid Protocol.
If the applicant chooses to proceed, they must inform INAPI services, which will then complete the appropriate form and forward it to WIPO, along with the base registration or application (national), including a reproduction of the trademark subject to the request.
The duration of protection is ten (10) years, renewable.
