A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
What is a trademark as per the Egyptian Law?
This law no 82 year 2002 defined trademarks, as it stated in art. no. 63 that “The trademark is any sign distinguishing goods, whether products or services, and include in particular names represented in a distinctive manner, signatures, words, letters, numerals, designs, symbols, signposts, stamps, seals, drawings, engravings, a combination of distinctly formed colors and any other combination of these elements if used, or meant to be used, to distinguish the products of a particular industry, agricultural, forest or mining venture or any goods, or to indicate the origin of products or goods, or their quality, category, guarantee, preparation process, or to indicate the provision of any service. In all cases, a trademark shall be a sign that is recognizable by sight.”
In other words, a trademark is any sign that distinguishes the goods and services of one trader from those of another. A trademark must meet two requirements in order to be validly registered it must be distinctive and recognizable by sight.
What are the prohibited trademarks as per the Egyptian Law?
The law prohibited to register the following marks as trademarks or as components thereof:
- Marks devoid of any distinctive character, or composed of signs or statements which refer to the products, or which are the normal picture or image thereof.
- Any mark which is contrary to public order or morality.
- Public armorial bearings, flags and other emblems pertaining to the State or any other state, regional or international organizations, as well as any imitations thereof.
- Marks, which are identical with, or similar to, symbols of a religious character.
- Symbols of the Red Cross or Red Crescent, or any other emblem of the same character, as well as any imitations thereof.
- The portrait of an individual or his armorial bearings, except with his consent.
- Designations of honorary degrees which the applicant is unable to prove his right thereto.
- Marks and geographical indications which are likely to mislead or confuse the public or which contain false descriptions as to the origin of products, whether goods or services, or their other qualities, as well as the signs that contain an indication of a fictitious, imitated or forged trade name.
Who has the right to register a trademark in Egypt?
Any individual or legal entity can register his trademark in Egypt, whether he is Egyptian or foreigner and whether his activity in a country or entity member in the World Trade Organization or that applies reciprocity with Egypt.
The abovementioned provisions confirmed by the article no. 66 of the law no. 82 on intellectual property which states “Without prejudice to the provisions of international conventions applied in Egypt, any natural person or legal entity, Egyptian or foreign, belonging to or having its headquarter in a country member in the World Trade Organization or which applies reciprocity to Egypt, shall have the right to register its trademark in the Department of Trade Registry in Egypt, with the ensuring rights in conformity with the provisions of this Law.
What rights are granted by the registration of a trademark?
The exclusive rights granted by the registration of a trademark consist of the following:
- Exclusive use of the trademark in the market.
- The right to prevent non-authorized third parties from using an identical or similar trademark
- For goods or services identical or similar to the ones under the registered trademark.
- The right to prevent by administrative proceedings the registration of trademarks that can be confused with your own.
- The right to request the cancellation of subsequent trademarks that become confused with yours.
- The right to transfer sell or license the trademark like any other company asset.
How long does the exclusivity right granted by a trademark last?
Trademark registration lasts 10 years, renewable indefinitely for 10-year periods. According to art. 90, the period of protection conferred by the registration of the mark is 10 years, renewable for an identical period or periods upon request of its owner and every time within the last year of the protection period, against payment of the fees due for the initial registration application.
The owner of the mark may request the renewal of the protection period within six months after the date of its expiry against payment of the prescribed fees and a supplement prescribed by the Regulations not exceeding 500 pounds, failing which the Department shall proceed to cancel the said mark from the register.
What territory is covered by the protection of my trademark?
The protection of a trademark covers the Egyptian territory where protection is requested.
What is the main required documentation for registering a Trademark?
- An application attached with a picture for the Trademark;
- Four Copies of the Trademark;
- One copy of the commercial register for the company (in case the applier is a Company);
- One copy of the national ID or passport in case that the applier is an individual; and
- A copy of the power of attorney for the lawyer who will carry out the registration proceeds.