Preface:

The Tunisian trademark opposition system is the core legal mechanism for rights holders to safeguard their own rights and prevent malicious registration, and is led and operated by the Tunisian National Industrial Property Office (INNORPI). This system strictly follows the Tunisian Trademark Law (Law No. 36-2019), balancing efficiency and fairness, and providing important guarantees for fair market competition. The system is systematically analyzed from five dimensions as follows:

1、 Trademark opposition acceptance agency

The Tunisian National Institute of Industrial Property (INNORPI) is the statutory authority responsible for objection procedures, under the Ministry of Trade and Export Development. Its main functions include:

1. Formal review and announcement:Only formal examination (completeness of documents, accuracy of classification) will be conducted on trademark applications, and once approved, they will be published in the INNORPI Official Gazette (Bulletin Officiel de la Propri é t é Industrielle).

2. Objection case management:Accept objection applications, review legal basis, organize evidence exchange, preside over hearings, and make administrative rulings.

3. Proxy mandatory requirements:

foreign subjectsNon Tunisian residents or businesses must entrust a locally registered trademark agent in Tunisia to submit an objection.

local businessesYou can apply directly, but due to the complexity of the procedure, it is strongly recommended to entrust a professional agent.

Practical tips:INNORPI adopts an electronic application system, but its arbitration resources are limited, and the backlog rate of cases has increased in recent years.

2、 Timing of Trademark Objection

The exercise of the right of objection is subject to strict time limits and cannot be postponed

1. Announcement Launch:After the trademark passes the formal examination, INNORPI publishes the trademark details (design, category, applicant, etc.) in the official gazette for a period of 30 days.

2. Objection window period:From the date of announcement, the objector shall submit a formal objection application (including reasons and preliminary evidence) within 30 days.

3. Consequences of overdue:

No objections upon expiration: The trademark will be automatically registered.

Failure to raise objections beyond the deadline: The rights holder can only protect their rights through invalidation procedures (to INNORPI) or judicial litigation (to Tunisian courts), which significantly increases the cost and difficulty.

Monitoring suggestion:Enterprises need to subscribe to INNORPI bulletins or use commercial monitoring services (such as TMwatch) to avoid missing deadlines.

3、 Basis for Trademark Objection Application

Objections must be based on the statutory grounds of Article 18 of the Tunisian Trademark Law, and the core basis includes:

Key points of evidence:The objector needs to submit a Tunisian trademark registration certificate, sales contract, advertising materials, consumer survey report, etc., to prove the possibility of confusion or ownership of rights.

4、 Trademark opposition process

The objection procedure is divided into five stages and is supervised by INNORPI throughout the process:

1. Submit Objection Application (Month 0-1)

The objector shall submit an objection application (including factual reasons and legal basis), a list of evidence, and pay official fees (approximately 200 Tunisian dinars, approximately 65 US dollars).

2. INNORPI Formal Review (Month 1-2)

INNORPI reviews the completeness of the documents, and any omissions must be corrected within 15 days, otherwise it will be considered withdrawn.

3. Respondent's defense (Month 3-5)

INNORPI notifies the objector to submit a rebuttal memo and counter evidence within 60 days.

4. Additional rebuttal by objector (Month 6-7)

The objector may submit supplementary evidence and legal opinions regarding the defense content (within a 30 day period).

5. Hearing and Adjudication (Month 8-24)

INNORPI reviews the file and may hold a hearing based on their authority or upon application, and ultimately makes a decision:

Objection established: The trademark application is rejected, and the objector may file a lawsuit with the Tunisian Court of Appeal.

Objection not established: Upon approval of registration, the objector may file an administrative lawsuit with the Tunisian Court of Appeal.

Relief mechanism:The losing party shall file a lawsuit with the Tunisian Court of Appeal within 30 days after the award is served.

5、 Trademark opposition period

The average duration of the objection procedure is 18-30 months, which is influenced by the following variables:

1. Standard process duration:

Announcement period (30 days) → Defense period (2 months) → Refutation period (1 month) → INNORPI ruling (12-24 months)

2. Extended cycle factors:

Overseas evidence must be authenticated by the Tunisian embassy or consulate (Hague authentication or consular authentication);

Delay in hearing scheduling (reduced efficiency during Ramadan in Tunisia);

Both parties apply for a procedural extension (usually allowed once, ≤ 60 days).

3. Judicial appeal stage:If brought to court for litigation, an additional 2-3 years will be added.

Institutional challenges:

1. Limitations of review:INNORPI only conducts formal examination, resulting in a large number of potentially conflicting trademarks entering the announcement and increasing the burden of opposition.

2. High threshold for evidence:Unregistered trademark claims require evidence of continued use in the Tunisian market (such as sales records of more than 5 years).

Practical Strategies and Institutional Evolution

The Tunisian opposition system provides a legal pathway for trademark conflicts, but procedural delays and judicial costs remain pain points for rights protection. Enterprises should proactively adopt the following strategies:

1. Pre registration:Submit an application before entering the Tunisian market and use the priority rights under the Paris Convention (6 months) to reduce the risk of unauthorized registration.

2. Local agent:Entrust the registered agency of the Tunisian Bar Association (ONAT) to ensure procedural compliance.

3. Systematization of evidence:Retain invoices, customs declarations, advertising contracts, etc. from the Tunisian market and establish a "commercial use" evidence chain.

With Tunisia's accession to the Madrid Protocol and deepening of intellectual property cooperation with the European Union (such as the IPKEY project), the efficiency and transparency of the objection procedure are gradually improving.