Article 22
Without the consent of the owner, others are prohibited from:
Reproduction, usage or placing of a mark even with the addition of such words as
"composition, style, system, imitation, type or method" as well as usage of a reproduced mark
with respect to products or service similar to those indicated in the registration.
Deletion or alteration of a mark which was legally placed.
Article 23
In case there is a possibility of confusion to the public, it is prohibited without a license from
the owner to:
Reproduction, usage or placing a mark as well as usage of a reproduced mark on goods or
services similar to those indicated in the registration.
Counterfeit of a mark and using a counterfeit mark on goods or services identical or similar to
those listed in the registration.
Article 24
The user of a well-known mark with respect to goods or services which are not similar to
those listed in the registration shall be held liable for civil responsibility if this results in
damage to the owner of the mark or if this use represents an unjustifiable exploitation of this
mark.
The provisions of the first paragraph of the article shall apply to the use of well-known marks
according to the international agreement ratified by the Republic of Tunisia.
Article 25
The registration of mark does not prohibit the use of the same or similar sign:
As a designation of a company, a commercial name, a shop name if this usage was done prior
to the registration or if others used it as their surnames in good faith.
As a necessary reference to indicate the way of usage of a product or a service specially as
being a secondary piece or a spare part provided that there is no confusion as to the source of
the product or service.
However, if this usage will cause damage to the rights of the holder of the registration, the
said holder may file a memorandum to the competent court requesting the prohibition or
limiting of this usage.
Chapter Four
Transfer And Loss Of The Rights Associated With The Mark