FAQs

Yes.

No, all goods covered by the nice classification can be protected.

It depends on the class targeted, and the specified goods/services.

Yes, and the required documents in this case are like the requirements for filing a single applicant application, noting that a legalized POA in the name of the applicants is provided.

6 Months.

The Egyptian Law permits multi-class applications; where a single certificate is issued for all classes when they attain registration, However, such applications are NOT recommended since delay of the registration in one class will delay registration in other classes, which is why this type of filing is rarely adopted.

Yes.

10 Years, from the date of filing.

No.

Yes, based on prior use.

Each error is corrected in a different way, errors that involve a drastic change in the form of the mark cannot be corrected and a new application should be filed, while other minor errors related to the applicant’s information can be corrected using the POA and the certificate of incorporation of the applicant.  

No.

Yes.

Any type of usage that proves the existence of the mark owned by the applicant in the market in respect of the goods or services covered is sufficient.

The Egyptian Trademark law stipulates the registration of the trademark to be able to file an assignment, merger, or license at the Trademark Office. Therefore, in case of pending applications, the assignment, merger, or license is delayed until the trademark in question attains registration.

Not compulsory, but recommendable to be effective between the two parties And among others.  No consequences.

Only the recordable change of name and address can be made against pending applications; while the Egyptian Trademark law stipulates the registration of the trademark to be able to file an assignment, merger, or license at the Trademark Office. Therefore, in case of pending applications, the assignment, merger, or license is delayed until the trademark in question attains registration.

A monetary consideration must be included in the Deed of Assignment.

Yes, two months from the date of publication in the official gazette.

The time for completion of registration proceedings is 14-16 months from the date of filing the application if the application is accepted, If the application is rejected and enters the complaint phase, it can take two to three years.

1. Labels that are devoid of any distinctive description and that are a description of the characteristics of the products or services or are merely ordinary names called by custom on the products or services.
2. Any expression, reference or drawing that is prejudicial to religion or is identical or like a religious-dyed centre.
3. Any expression, reference or drawing contrary to public order or morals.
4. Public logos, media, and other symbols.
5. Geographical names if their use can cause confusion regarding the source or origin of products or services.
6. Photos of others or their personal or commercial names unless they or their heirs agree to use them.
7. Trademarks identical and like trademarks previously registered on the same product or service statement.
8. Symbols of the Red Cross, Red Crescent, or other similar symbols as well as marks to which they are a tradition.
9. Data on honours that the applicant does not prove to have obtained.

The applicant may lodge a complaint against the decision of interest within thirty days from the date of notification. The petitions shall be heard by a committee constituted by a decision of the competent minister of three members of the Conseil d’états, one of whom shall be members of the Conseil d’états.

Yes, the Committee’s decision to hear complaints before the competent Administrative Court may be appealed in accordance with the procedures and dates stipulated by the Law of the Conseil d’états sixty days from the date of receipt of the decision.

According to article 80 of the Egyptian Law of 2002, any person concerned may object in writing to the registration of the mark by notification to the interest, including the reasons for the objection, within 60 days from the date of publication in accordance with the conditions established by the implementing regulations of this law. The interest shall send a copy of the notice of objection to the applicant or his agent within 30 days of the date of the notification.

The competent court may, at the request of any person concerned, rule that the registration of the mark shall be cancelled by an enforceable judgement if it is established that it has not been used in a serious capacity, without any justification whatsoever, for five consecutive years or if the registration is established in bad faith.

Article 113 of the Intellectual Property Rights Protection Act No. 82 of 2002 is punishable by a term of up to two months’ imprisonment and a fine of not less than 5,000 pounds and not more than 20 thousand pounds or one of these penalties and without prejudice to any more severe penalty in another law. Whoever imitated a mark recorded in accordance with the law in a way that calls for misleading, The same penalty shall also be imposed on anyone who intentionally uses a counterfeit trademark. The penalty shall apply to anyone who intentionally places on his products a trademark owned by another person. Lastly, any person who sells, offers for sale, trades, or possesses products with the intent to sell or trade a trademark with a counterfeit or subject without his knowledge.

Yes, provided that the management of the marks considers it a distinctive name. The name is considered distinctive depending on a range of different factors. In general, the more general the name is the less likely it is to be considered a distinctive name because it may be a personal name for several other people. In return, the more the name is removed from the usual, the more discriminatory it can be registered.

Trademark:

Everything that takes a distinctive form is words, illuminations, letters, symbols, addresses, photographs, or photographic items intended to be used for the business to distinguish its products, paintings, or indications.

Trade name:

It is the name approved in the commercial registry of the business and used in contracts, official transactions and enterprise paintings and is in Arabic.

– First (TM) is the abbreviation of a trademark word used by the trademark owner and the company to promote the product or service it provides under an unregistered trademark.

– Second (®) This code means that the trademark or brand is registered, and this means that the company providing the product or service in the market has become a registered trademark and has all legal rights to protect the identity or trademark.

– Third (©) This code is an abbreviation for a word for a copyright sentence and is used with anything original compiled such as (designs, writings, photos, statues, sculptures) and the purpose of using this code is to declare your desire to preserve copyright and to prevent anyone from using them without reference to you.

This code cannot be used in order not to be subject to legal accountability, but it is possible to use the code (TM) until it is officially registered.