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Status of submission of two persons on the same brand

Status of submission of two persons on the same brand
It is incumbent upon two different persons to submit a request to register the same trademark or to register trademarks similar to one category of products. This can create significant differences between applicants where the right to the first applicant’s mark is monopolized.

Content Table
What happens if two people apply for the same brand?
Priority right to trademark registration
Article 8 to register the same brand on the same date
Brand Distinction
Competing in crowded markets
Where can the brand be registered in Egypt?

What happens if two people apply for the same brand?
When two people apply for the same brand, there may be legal conflict and competition between them.
Here are some things that may happen when there are two competing orders for the same brand:
– Check brand availability:
Both applicants must verify their availability and validity as a brand.
This requires a thorough search of the registered trade databases and trademarks to ensure that there is no similar or substantially similar brand already registered.

– Submission date:
The trademark may be granted to the person who applied first.
In some countries, the right to a trademark is determined in accordance with the principle of “priority of submission”, which is linked to the date of application.
If the trademark is presented by one person before the other, it is imperative for the second person to search for another trademark.

– Legal disputes:
If the two persons apply for the same brand and their applications are accepted, a legal conflict may arise.
The resolution of these disputes depends on the country’s trademark system. Competitors may have to approach the courts or conduct an external settlement to resolve the dispute.

– The actual use of the brand:
Sometimes, the trademark is given to the party who already uses it in the market. If one of the two people uses the trademark and owns a recognized business record, he may have preference in obtaining the trademark.

– Negotiation and agreement:
In some cases, competitors can negotiate and reach an agreement that satisfies both sides, such as dividing the use of the brand or selling the rights related to it.

Priority right to trademark registration
submit an application for trademark registration in a state or organization that recognizes the Arab Republic of Egypt as an ideal
The previous application should be the first one submitted to register the mark for the same products. Within six months after the date of submission of the application, the applicant may apply to the department within Egypt for a similar application relating to the same mark, all in accordance with the conditions provided for in the Law and the Regulation on Registration of Trademarks (Article 1/73 of the Regulations).
Article 8 to register the same brand on the same date
Article VIII of the Trademark Registration Act provides that if two or more persons request to register the same or similar marks in such a way as to create confusion for one category of products or services and if the applications have the same date of deposit or the same date of priority, the application for registration shall be blocked until one of them submits a written waiver from the contenders certified by a system or until a final judgment of the Ombudsman’s Office.

Brand Distinction
In a competitive world, it is natural to find a convergence of brands’ market shares, but how do you distinguish your brand?
By managing the brand in a successful way, brands can promote awareness.
This makes it easier for customers to distinguish your brand.

Competing in crowded markets
What distinguishes a successful entrepreneur from another is the ability to distinguish your product or service in a crowded market by looking for a competitive advantage. How can you serve your customers in a way that makes you distinct from other competitors and builds your own audience?
Here comes the role of brand management in setting competitive advantages.

Where can the brand be registered in Egypt?
To register a trademark in Egypt, specific procedures required by applicable laws and regulations must be followed. The following is an overview of how the brand can be registered in Egypt:

General Authority for Financial Oversight
Trademark owners in Egypt must apply for registration with the General Authority for Financial Control.
This requires the submission of the required documents and information, including the brand name and an accurate description of the associated goods or services.

Intellectual Property Department, Ministry of Commerce
A trademark registration application can also be submitted to the Intellectual Property Department of the Ministry of Commerce and Industry of Egypt.
This requires filling out the application form and submitting it with the required documents, such as a copy of the company’s registration certificate, a copy of the trademark, and other relevant details.

Legal Proceedings and Fees
The required fees must be paid and comply with the specific legal procedures for brand registration in Egypt. These fees and procedures are determined by applicable government laws and regulations.

Once these steps have been completed and the specific procedures implemented, the registration application will be reviewed and examined by the competent authorities. If the registration application is approved, the trademark registration certificate will be granted. Registration is considered official and grants protection rights to the trademark owner in Egypt.

Trademark registration is necessary to ensure that your ownership and legal rights are protected and to prevent use or imitation. Don’t forget to submit your paperwork.
If you want to register your brand, contact us at KY TradeMarks to start taking the right steps to ensure your rights.

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