Trademark Law No. 36 was issued on 17 April 2001, replacing the Tunisian trademark and trade names law of 4 June 1889 and its 1936 amendment. Tunisia follows the Nice International Classification of Goods and Services, including the revision of Class 42 and the addition of Classes 43–45 adopted as of 1 January 2002.
The law addresses several matters, some in response to the TRIPS Agreement, including protection of colours, sounds and collective marks, recognition of well-known marks, and empowering the Tunisian authorities to examine marks published in the Official Gazette of the Trademark Office.
A trademark must be used within five years of its registration — and all marks registered before the law's issuance had to be used within five years of that date — failing which the mark becomes vulnerable to cancellation for non-use.
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