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The trademark is the wealth of the enterprise. It is not just about names or symbols but it crystallizes the perceptions and feelings of the consumers towards a product or service and its performances and It represents all that a product or a service means to them.
That being said, it is crucial for the trademark owner to protect it within the country where he carries out his business, and eventually protect it beyond the borders in order to expand his business.
Article.133 of the law 17-97 on the protection of industrial property, defines the trademark as: «a sign susceptible of graphic representation used to distinguish products and services of a natural or legal entity. »
These are :
- trademarks names : they are represented by words, combinations of words, letters, numbers ...
- Figurative trademarks : they contain images or graphics.
- Mixed trademarks : they combine both verbal and figures.
- Sound trademarks : they are represented graphically as a musical notation.
- Smell trademarks : they are represented by an odor, fragrances...
- Three-dimensional trademarks.
The type of trademark is distinguished according to the products and services it designates :
| Manufacturer's brand | Put by a manufacturer on an intermediate or finished product. |
| The trademark | Put by a tradesman on products for sale. |
| The services mark | Refers to the offered services by a company (ex: financial services, publicity, catering, etc.). |
The trademark may also be :
| >The collective mark | It may be used by anyone complying with the rules of use, drawn up by the registration holder. |
| The certification mark | It is applied to any product or service that respects certain specific standards in the registration rules. (ISO 9000) |
To register a trademark, this latter must follow a certain number of eligibility criteria:
