English
FrançaisComplaint
- Complaint number
- NTB-001-229
- NTB Type
- 1.14. Lack of coordination between government institutions
- Complaint
-
The Tunisian company "Société des Boissons du Cap Bon" has entered into a partnership with a Madagascan distributor, "4 Seasons", represented by Mrs. Safa Hamdi, for the distribution of its products, in particular juices, soft drinks and cheeses. The Tunisian company agreed to an annual forecast of 12 to 15 containers and in return granted the distributor exclusive rights to distribute its products on the Madagascan market.
The Tunisian company began working with this distributor with a first shipment on March 23, 2024, consisting of a total of four containers: three of juice and one of cheese. Attached are photos of the "Délice" brand products distributed by 4 Seasons in gas stations, supermarkets and traditional markets. Our distributor has also made considerable efforts to promote the products through sponsorship campaigns, urban billboards and a strong digital presence, demonstrating its commitment.
However, the Tunisian company encountered a problem: a company called IBC, which we understand is in the construction business and is neither a distributor nor a juice producer, registered the "Délice" brand in Madagascar under the name "Délice de Fruit" using our logo. It has since contacted the distributor of the Tunisian brand to try to persuade it to work with IBC using its trademark registration.
It should be noted that the "Délide de Fruits" trademark has been registered with the African Intellectual Property Organization (OAPI) since December 2022 and with the National Institute for Standardization and Industrial Property (INNORPI) since 2006, 2019 and 2022 (all documents are attached). - Status note
- The importer successfully cleared their goods under the preferential tariff framework. The electronically issued Certificate of Origin (No. 0170186, dated April 15, 2026) was ultimately accepted and validated by the Tunisian customs authorities.
- Progress update note
-
On 18 may 2026, Tunisia Focal Point sent email to the Secretariat NTB Unit stating that:
Following the complaint, the central authorities of Tunisian Customs contacted the relevant local customs office. Supported by supporting documents—specifically an extract from the SINAD system and a copy of the customs declaration—it has been confirmed that the situation regarding the importer, BM TRADING AND CONSULTANCY, has been fully regularized.
The details of the resolution are as follows:
1. Customs Declaration: A customs declaration for release for consumption (Type 405 CF, No. 344085) was officially registered on May 2, 2026.
2.Clearance and Finalization: The customs file was fully cleared and processed on May 4, 2026.
3. Outcome: The importer successfully cleared their goods under the preferential tariff framework. The electronically issued Certificate of Origin (No. 0170186, dated April 15, 2026) was ultimately accepted and validated by the Tunisian customs authorities. The response from Tunisa Customs is uploaded
The issue is therefore resolved . - Policy or regulatory NTB
- No
- Location
- Madagascar: other (Other)
- Reporting Country or Region
- Tunisia
- Country specific trade issue
- No
- Date of incident
- 2025-01-16
- Status
- Resolved
- Date of resolution
- 2026-05-18
- Product Description
-
juices, soft drinks and cheeses
- Total value
- 0
- Date reported
- 2025-01-23 11:07
- Modified
- 2026-05-21 11:26
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