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Tunisia - Our client Mohammad
Majed Saif (Limabond Ltd) filed an application for the registration of a
trademark “Mario Zegnoti & head device” on 21 October 2004, under
No. EE042171, in respect of goods in class 25.
On 25 January 2006, the application was
published in the Trademark Journal.
The Italian Company Consitex S.A. filed an opposition against our
client’s trademark based on confusing similarity with Ermenegildo Zegna,
Zegna & others.
The Tunisian Patent Office (INOP) found that there is no basis for the
opposition, and the possibility of confusing similarity does not exist,
and decided to reject the opposition.
Algeria
- Increase in official fees
This is to advise that official fees have
been raised in respect of trademarks and designs as of the beginning of
January 2007.
Morocco
-
Increase in official
fees
The Moroccan Intellectual Property Office
has increased official fees in respect of patents, trademarks and
designs as of January 2007.
Syria -
Very Important Changes in the New Law of Distinctive Trademarks,
Geographical Indications, Utilities and Industrial Designs and Unfair
Competition
On 13 March 2007 the new law which was
published in the Tshreen Newspaper No. 9817 will be effective within 30
days, i.e. 11 April 2007. The implementing regulations are assumed to be
issued immediately.
While the Trademark Office has ceased to receive any new applications as
of 26 March until 11 April 2007, renewal applications are received using
the new fees, and subject to the new provisions of the law.
The new practice has brought forward the
following significant changes:
-
Any natural person or legal entity
can apply for the registration of a trademark.
-
Multi class applications are not
allowed anymore.
-
New applications are now subject to
substantive examination, changing from filing to examination
system.
-
Recognition of well- known
trademarks and geographical indications during conducting the
substantive examination.
-
Protection period remains 10 years
but is valid as of the filing date, and no payment of
publication fees.
-
Creation of Trademark Journal to
publish all accepted applications, while it is still not clear
if publication in official Gazette will continue.
-
Increase in official fees for filing
and registration from $50 to $300.
-
Any renewal application will be
subject to substantive examination. This will apply on the first
time renewal application after the implementing of the new law;
however, in case of any conflicting trademark appearing, the
renewal will be rejected.
-
Renewal application, for the first time after the
new law implementation, will be subject for opposition after
publication within 90 days.
-
Increase in official renewal fees from $50 to $300.
-
Late renewal fees $60.
-
Renewal of multi-class registration will be subject
to full official fees for each class.
Applications:
-
The applicant may
request delay of publication of his/ her design for 12 months.
-
New design is subject to substantive examination.
-
Duration of a design is 5 years from the date of
filing, renewable for two periods of 5 years each.
-
Increase in official fees from $40 to $240.
-
Late renewal fees $60.
Renewal of Industrial Designs:
-
Any renewal application will be
subject to substantive examination. This will apply on the first
time renewal application after the implementing of the new law;
however, in case of any conflicting design appearing, the
renewal will be rejected.
-
Renewal application for the first time after the
new law will be published and subject for opposition.
-
Grace period of 6 months for late renewal is
possible after payment of penalties of $60.
If you have any question regarding
any of the above, please refer to
news@qumsieh.com
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