The trade mark
The trade mark consists in giving a personal touch to a product using distinctive elements which will allow the company to position itself better on the market. It is considered to be a differentiating element in relation to the competition. The choice of the trade mark is a strategic factor in the commercialization of a product in Tunisia as well as abroad. The trade mark allows the product to be identified and found more easily on the market. It influences consumers and incites them to buy. It conveys the image of the company and makes up a basic element of its reputation. In the framework of export, it is important to choose your trade mark carefully as it is this trade mark which will represent you in your different target markets. To limit the risks of forgeries which are harmful to the image of the trade mark, it is important to protect it. In order to do this you can file a dossier with l'INNORPI.
The trade mark, whether of trade or service, is a visible sign capable of graphic representation which allows people to identify the products for sale or the services performed by a natural person or a legal entity.
The ownership of a trade mark is acquired by registration.
Registration gives the exclusive right to use the trade mark and protection against possible forgers and imitators. Protection is guaranteed for a period of 10 years renewable indefinitely.
Design and Prototype Models
A design or industrial model is made up of the ornamental or aesthetic aspect of an object. Industrial design is any pattern or ornament applied to an item to produce an original decorative effect. An industrial model is any plastic form associated or not with lines or colours, so long as this assembly or this shape gives a special appearance to an industrial or traditional product.
Protection of designs and models is applied to all the objects which are distinguished by their shape / form, their configuration or an external effect thus conferring on them their own physical apperance. The aesthetics of a product is a criterion for purchase by the consumers. Hence, the external appearance is often a tendency to evoke the curiosity and attract the clients. Perfume bottles represent a revealing example of this phenomeon .
However, the design of a product is not safe from imitations.
In Tunisia, models are protected by copyright but increased protection is possible by means of registration with the INNORPI, for a duration of 5, 10 or 15 years according to the dues paid.
Useful addresses
Institut National de la Normalisation et de la Propriété Industrielle (INNORPI)
Siège Rue 8451 n°8 par la rue Alain Savary, BP 57 - Cité El Khadra - 1003 Tunis - Tel : +216 71 806 758 - Fax : +216 71 807 071
World Organisation of Intellectual Property (OMPI / WOIP)
34 chemin des Colombettes - 1211 Genève 20 - Switzerland - Tel : 00 4122 73 09 111 - Fax : 00 412273 35 428
Update june 2007
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