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Egypt Office

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Egypt is a member of the Madrid Agreement Concerning the International Registration of Marks (Act of Stockholm of 1967). The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Egypt and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002.

Once a trademark application is filed, the trademark is examined as to its restorability. All classes and services with the exception of classes 35, 37 & 39 can be protected as the class heading can claim all the goods it covers. According to the current practice of the Egyptian Trademark Office, the services under classes 35, 37 & 39 must be specified as class heading cannot be claimed. Should the mark lack any requirement as provided for in the law and its regulations, the examiner will reject the application. The applicant may appeal such a rejection of its application within 30 days as of the date of receiving the relevant official notification.

Trademark applications approved by the Registrar are published in the Official Gazette. There is a 2-month period from the date of publication during which any interested party may file an opposition notice. An opposition to the registration of a published trademark should be prosecuted by either a patent attorney or an applicant before the Registrar. The opposition case is referred to the competent tribunal, if not settled by the Registrar, or if either party objects to the decision issued by the Registrar. In the absence of opposition, a published trademark is registered, and the relative certificate will be issued.

As per new regulations issued by the Egyptian Trademark Office, the deadline to file a petition application in response to the provisional refusal of an international registration has been reduced to three months instead of six months from the date of notification through the World Intellectual Property Organization (WIPO).

A trademark registration is valid for 10 years from the date of filing the trademark application and it is renewable for periods of 10 years each upon application and payment of the prescribed renewal fees.

The Trademark Office serves a written notice to the registered owner of a trademark at his address as indicated in the register. The notice, which is served during the month following the expiry of the validity term, indicates the date on which the renewal fees should have been paid and calls for payment during the grace period. If the registrant fails to apply for renewal during the 6 months following the expiry of the stipulated protection period, the Trademark Office will ex officio cancel such registration which will eventually be removed from the register.

The assignment of a trademark should be recorded, and unless it is published in the Official Gazette and entered in the records of the Trademark Office, it shall not be effective vis-à-vis third parties. The assignment of a trademark must not necessarily be submitted with the establishment of the business concern. Changes in the name and/or address of a registrant must be recorded.

Use of trademarks in Egypt is not compulsory for filing applications for registration or for maintaining trademark registrations in force. However, a trademark registration is vulnerable to cancellation on the strength of a court decision obtained to this effect by any interested party.

A cancellation action relies basically on establishing sufficient grounds that the trademark in question has not actually been used seriously for a period of 5 consecutive years. A trademark registration is consequently cancelled unless the owner proves that non-use of the trademark was for reasonable cause of which the court approves. The Trademark Office or any party concerned is entitled to demand cancellation of any trademark registered in bad faith.

Any infringement or unauthorized use of a registered trademark is punishable under the provisions of the current trademark law.

Requirements

Filing Requirements

Trademark/Service Mark/Collective Mark Applications 

  • A Power of Attorney legalized up to the Egyptian Consulate. (To be submitted within 6 months from the date of filing the application). 
  • Five prints of the trademark for each class. 
  • A list of the goods and services to be covered by the application; class heading can be claimed for all classes in Egypt.
  • A certified copy of the priority document must be submitted within six months in case it is claimed. 

Note: According to the regulations, documents mentioned in items 1 and 4 must be available within 6 months from the filing date. Please be advised that if the documents were not available by the due date, the above-captioned trademark application will lapse. 

Renewal of Trademark/Service Mark Registrations

  • A Power of Attorney legalized up to the Egyptian Consulate if we do not previously possess one. The power must be available upon filing the renewal application.
  • The number and date of the registered trademark/service mark.

Assignment Applications

  • A Power of Attorney signed by the assignee and legalized up to the Egyptian Consulate. (To be submitted at the time of filing the application). 
  • An extract of the entry of the assignee company in the commercial register, or a certified copy of the certificate of incorporation legalized up to the Egyptian Consulate. 
  • A legalized deed of assignment duly singed by both parties and legalized up to the Egyptian Consulate. 
  • Name, address, nationality, legal status and profession or nature of business of the assignee.

General notes for Assignment recorders

  • The assignor’s details shall be unified with the Egyptian Trademark Office.
  • The assignee’s details shall be unified in all documents.
  • The Deed of Assignment, must reflect a ‘Monetary Consideration’ which is an amount of money (one pound is sufficient) for the acceptability of the document.
  • Certificate Of Incorporation must indicate the address of the assignee.

License Applications

  • A legalized license agreement by the Egyptian Consulate. 
  • A Power of Attorney by the licensee and the licensor legalized up to the Egyptian Consulate. (To be submitted at the time of filing the application). 
  • An extract of the entry of the licensee company in the commercial register, or a certified copy of the certificate of incorporation legalized up to the Egyptian Consulate. 
  • The name, address, nationality and profession or nature of business of the licensee. 

Change of Name/Address Applications

  • A Power of Attorney legalized up to the Egyptian Consulate. (To be submitted at the time of filing the application). 
  • A certified certificate of the change of name or address which should be legalized up to the Egyptian Consulate.

 

KY is one of the leading trademark registration companies in Egypt.

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