Law No. 36 dated 17/4/2001 on Trademarks

Chapter One
General Provisions
Article 1
This law regulates the rules related to trademarks and service marks.
Article 2
A trademarks or a service mark is an apparent sign, which makes it possible to distinguish the
goods presented or the services provided by a natural or a juridical person.
In particular this sign may consist of:
All forms of designations such as: Words, groups of words, surnames, geographical names,
pseudonyms, letters, numbers and symbols.
Graphic signs such as: Drawings, holograms and shapes in particular those related to the
product, its method of presentation, or those which distinguish the services, the arrangements
of colors, the mixings of colors or the separation of the grades of colors.
Phonic signs such as musical tunes and sentences.
Article 3
The distinguishing characteristic of a sign which is to be as used a mark is evaluated with
respect the goods or services which the sign is to denote.
The following signs and designations do not contain a distinguishing characteristic:
Signs or designations, which are, used in the regular or professional language by necessity to
denote generically or regularly the goods or services.
Signs or designations, which can be used to denote any quality or attribute of the goods or
services in particular the type, quality, quantity, purpose, geographical origin, or the time
period in which the product was produced or the service was provided.
Signs whose forms in particular are necessitated by the nature or function of the product or
which give this product its essential value.
However signs and designations may acquire a distinguishing characteristic by usage except
the signs stipulated in item (C) of the second paragraph of this article.