Third parties who believe their trademark rights are infringed upon by a published trademark have 60 days from the publication date in the Trademarks Gazette to file an opposition with the Tunisian Trademark Office.
To successfully oppose a trademark application, the opposing party must demonstrate prior trademark rights on the opposed mark. This means holding a national or international trademark application or registration filed before the published trademark in the same class and for the same goods/services. Other grounds for opposition include similarity with an existing trademark, lack of distinctiveness, deceptive nature, or violation of legal provisions.
Once an opposition is lodged, the trademark applicant has 60 days to file a counterstatement. If no response is provided, the trademark application may be considered abandoned. Following this, the Tunisian Trademark Office calls for a conciliation hearing within eight months to allow both parties to settle amicably. If no agreement is reached, the opposition may be brought to the first instance court within 60 days, suspending the trademark registration process until a final judgment is issued.