Trademarks

Brief:

It is a distinguished sign used among the various commodities and services, provided that it should not be contrary to morality or public order or being descriptive, identical or similar to other known marks, protected in accordance with the Egyptian law and international treaties, to which Egypt joined including:

Madrid Treaty regarding the International Registration of the Trademarks (Stockholm Document of 1967), which follows the international classification of the commodities and services for mark registration purposes.
UNISTRAL Rules
Paris Treaty regarding the protection of the Industrial Property.
Treaty of the Trademarks and its Executive Regulation, drawn in Geneva on 27^th of October 1994.
Nairobi Treaty regarding the Olympic Symbol Protection.
Patents Law Treaty and its Executive regulation and the Data agreed upon for the Diplomatic Convention of Geneva from 11^th of May to 2^nd of June 2000.
Nice Agreement regarding the international classification of commodities and services for trademarks registration.

The trademark provides its owner with an exclusive right to benefit from the mark to designate the commodities and services, which starts by submitting a request of the trademarks. After that the marks are examined with respect to registration. The protection extends to all goods and services included in the item, and designated in the request.

The request should not contain any violation of the provision of the law and the executive regulations, issued by virtue of which, otherwise the request shall be rejected. The applicant may object to the Registrar’s decision within (30) days from his receipt of the official notice of the decision taken with respect to the request. Trademarks registration requests, approved by the Registrar, are published in the official Gazette along with giving a period of two months from the publishing date to any concerned party to object. The Applicant may submit the said objection by himself or by a Patent Agent. The objection shall be referred to the competent court in case of failure to settle it by the Registrar or dissatisfaction of either Party of the Registrar’s decision. In case of not receiving any objection to the request, the trademark, subject matter of the request, shall be registered and granted the registration certificate.

In accordance with the new regulations of the Egyptian Trademarks Office, the objection period to the rejection of the temporary international registration has been reduced to three (3) months instead of six (6) months as of the notice date, incoming from (WIPO). Protection period of the trademarks is ten (10) years from the request filing date. This term is liable for renewal for similar periods by virtue of submitting a renewal request and payment of the determined fee. The Trademarks Registration Office shall send a written notice to the owner of the registered trademark at that address, recorded in the register within the month following the termination of the protection term. The said notice shall indicate the date on which the renewal fees should be paid and invite him to pay within the grace period.

In case the mark owner does not submit the renewal request within six (6) month after expiry of the stated protection term, the trademarks registration office shall issue its decision to cancel the registration. This eventually will result in striking off the mark from the Register.

Assignment of the trademarks should be registered since the said assignment has no binding force towards others, unless it is published in the Official Gazette and registered in the records of the Trademarks Office. It is not required to attach the waiver with the assignment of the commercial project. Amendments to the names and address of the owner should be also registered. Use of the trademarks in Egypt is not obligatory for submitting a registration request or to continue protection of the trademark. The decision to strike off a trademark necessitates proving non use of the trademark for a period of five (5) consecutive years. Accordingly, the trademark is stricken off, unless the owner proves that non-use of the trademark is for a reasonable cause that satisfies the court. The Trademarks Office or any concerned person may request cancelling any trademark, registered with mala fide. An unauthorized use or transgression of a registered trademark is deemed a punishable crime by virtue of the provisions of the current Trademarks Law

The services provided by the firm in this regard:

Submitting trademarks registration requests of all types on behalf of the Principal.
Submitting request of renewal and amendment of the trademark registration data.
Pursuing trademarks registering and publishing procedures.
Objecting to the registration rejection decision before the Committee of Grievances.
Filing objection suits regarding the decisions of Committee of Grievances.
Preparing response upon objection to the registration of the trademark
Submitting renewal requests of the mark protection term.
Completing temporary protection procedures of the trademarks.
Submitting request of mark ownership transfer or its cancellation.
Preparing contracts of the trademarks use license, registration or cancellation in the Register of the Trademarks Department.
Completing mortgage and release procedures of the trademark.

1Filing Conditions

-Agency document, legalized by the Egyptian Consulate (to be submitting within six (6) months from the filing date of the registration request).
-(10) copies of the trademark for each item.
-A list of the goods and services included in the request. All items can be named.
-A legalized copy of the priority document should be submitted in case of claiming priority.

2Remark

-Documents should be submitted within six (6) months from the date of depositing the request. Failure to submit the said documents within the designated period shall result in cancelling the registration request.
-Early provision of the said documents by no less than one month will enable us to prepare the necessary translation before depositing the documents at the Egyptian Trademarks Office.

3Registration Renewal of the Trademarks and Service Marks:

-Agency deed legalized by the Egyptian Consulate (to be submitted with the renewal request).
-Trademark or service mark registration number and its registration date.

4Assignment Requests

-Agency deed, signed by the assignee and legalized by the Egyptian Consulate (to be submitted with the renewal request).
-Extract of the assignee company’s entry in the Commercial Register or a legalized copy of the incorporation certificate, legalized by the Egyptian Consulate.
-Assignment deed singed by both Parties and legalized by the Egyptian Consulate.
-Name, address, nationality and profession of the Assignee

5License Requests:

-License agreement legalized by the Egyptian Consulate.
-Agency deed issued by the licensor and licensee and legalized by the Egyptian Consulate (to be submitted with the request).
-Extract of the assignee company entry in the Commercial Register or a legalized copy of the incorporation certificate, legalized by the Egyptian Consulate.
-Name, address, nationality and profession of the licensee.

6Requests to amend name and address:

-Agency deed, legalized by the Egyptian Consulate (to be submitted with the request).
-Legalized certificate of the name or address amendment.

Brief:

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