Tunisia - Decree No. 2015-303 on trade marks

News hot of the press from WIPO today that Decree No 2015-303 has been added to the WIPO Lex database (in Arabic and French). The notice reads:

The Decree No. 2015-303 of June 1, 2015, establishing the Procedures for the Registration of and Opposition to the Registration of Trademarks and Service Marks, as well as the Procedures concerning Recording in the National Register of Marks came into force on June 9, 2015, and repealed Decree No. 2001-1603 of July 11, 2001.

The Decree introduces the following modifications:

(i) introduction of electronic filing of applications for the registration of trademarks;
(ii) setting out of provisions governing the trademark registration through the Madrid Protocol;
(iii) extension during the opposition period of the time for the applicant to submit observations from 45 days to 2 months from the date of notification of the opposition;
(iv) fixation of a maximum period of 8 months from the date of submission of observations for the applicant and the opponent to attempt conciliation in the trademark opposition;
(v) extension to 2 months from 1 month of the period during which the opponent may furnish proof of the use of the trademarks upon which opposition has been based; and
(vi) definition of a period of 2 months for the applicant to submit the missing documents to request recording of a change of names, addresses, ownership, assignment, etc., in the National Register of Marks.

UPDATE

Here is an update from good friends Spoor & Fisher

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.