In light of the economic and commercial development Egypt is witnessing, trademarks have become one of the most important intangible assets for companies and individuals. A trademark is not just a symbol or logo; it is the identity of a product or service and a means of distinguishing it from others in the market. With the increasing importance of trademarks, cases of imitation and counterfeiting have also risen, necessitating effective legal procedures to protect the rights of trademark owners. In this article, we will discuss in detail the procedures for filing a lawsuit for trademark infringement in Egypt, focusing on the legal and practical aspects that trademark owners must consider.
The protection of trademarks in Egypt is based on several legislations, the most important of which are:
Intellectual Property Law No. 82 of 2002: This is the primary law regulating trademark protection in Egypt.
Commercial Law No. 17 of 1999: This law addresses some aspects related to trademarks within the framework of commercial transactions.
International Agreements: Such as the Paris Convention for the Protection of Industrial Property, to which Egypt is a party.
According to Article 63 of the Intellectual Property Law, a trademark is defined as “anything that takes a distinctive form, such as names, words, signatures, letters, numbers, drawings, symbols, addresses, seals, images, engravings, packaging, graphic elements, shapes, colors, combinations of colors, or any other mark used or intended to be used to distinguish the goods or services of one establishment from those of others.”
To enjoy legal protection, a trademark must be registered according to the procedures stipulated by the law. The registration conditions include:
Distinctiveness: The trademark must be capable of distinguishing the goods or services from others.
Compliance with Public Order and Morals: Marks that conflict with public values or morals cannot be registered.
No Conflict with Previously Registered Marks: The trademark must not be identical or similar to a previously registered mark for the same category of goods or services.
Before delving into the procedures for filing an infringement lawsuit, it is important to understand the basic steps for trademark registration, as legal protection begins from the moment of registration.
The trademark registration application is submitted to the Trademark Office of the Egyptian Patent Office. The application must include:
Applicant’s Information: Name, address, and nationality.
Description of the Trademark: A detailed description of the trademark, including any drawings or symbols used.
Category of Goods or Services: The category or categories to which the trademark belongs according to the International Classification of Goods and Services (Nice Classification).
The Trademark Office conducts a formal examination of the application to ensure that all legal requirements are met. If there are any deficiencies, the applicant is notified to correct them.
After passing the formal examination, the trademark is published in the Official Gazette for Trademarks, allowing any opposing party to file an objection within 60 days from the date of publication.
If no objections are raised, or if the objections are rejected, a substantive examination of the trademark is conducted to ensure that it meets the legal protection requirements.
After passing all the previous stages, a trademark registration certificate is issued, granting the owner exclusive rights to use the trademark in the registered category.
Infringement, in the context of trademarks, refers to the use of a mark that is identical or similar to a previously registered trademark, causing confusion among consumers regarding the source of the goods or services. Infringement constitutes a violation of the rights of the trademark owner and necessitates legal action.
Before filing a lawsuit, the trademark owner must gather evidence proving the occurrence of infringement. This evidence may include:
Samples of Counterfeit Products: Such as packaging or labels bearing the counterfeit mark.
Purchase Documents: Invoices or receipts proving the purchase of counterfeit products.
Photographs and Recordings: Photographs and video recordings of counterfeit products at points of sale.
The lawsuit must be carefully prepared and should include:
Plaintiff’s Information: Name and address of the trademark owner.
Defendant’s Information: Name and address of the alleged infringer.
Description of the Registered Trademark: A detailed description of the registered trademark, including the registration number and date.
Description of the Infringing Mark: A description of the infringing mark, highlighting the similarities and differences.
Claims: Specific claims, such as cessation of use and damages.
The lawsuit is filed with the competent court, usually the Economic Court in Egypt. The lawsuit must be accompanied by all supporting evidence and documents.
After filing the lawsuit, court hearings are scheduled, during which evidence is presented and expert testimonies are heard if necessary. This stage may take several months, depending on the complexity of the case.
Finally, the court issues its judgment, either accepting the lawsuit and awarding the requested damages or rejecting it if the evidence is insufficient.
In some cases, the trademark owner may request provisional measures to immediately stop the use of the infringing mark, even before the final judgment is issued. These measures include:
Seizure of Counterfeit Products: Counterfeit products are seized at points of sale or warehouses.
Injunction: A court order is issued to immediately stop the use of the infringing mark.
If infringement is proven, the trademark owner is entitled to claim damages, which may include:
Financial Compensation: Compensation for material and moral damages suffered by the trademark owner. procedure registered trademark imitation lawsuit
Confiscation of Counterfeit Products: Counterfeit products are confiscated and destroyed. procedure registered trademark imitation lawsuit
Publication of the Court Judgment: The court judgment is published in the media to restore the commercial reputation. procedure registered trademark imitation lawsuit
| Stage | Approximate Duration | Description |
|---|---|---|
| Gathering Evidence | 1-3 months | Collecting evidence proving infringement. |
| Preparing the Lawsuit | 2-4 weeks | Preparing the lawsuit and gathering documents. |
| Filing the Lawsuit | 1-2 weeks | Filing the lawsuit with the competent court. |
| Court Hearings | 6-12 months | Presenting evidence and hearing testimonies. |
| Court Judgment | 1-2 months | Issuance of the final court judgment. |
| Provisional Measures | 1-2 months | Requesting provisional measures for immediate cessation. |
| Damages | 2-6 months | Execution of the court judgment and payment of damages. |
Trademark owners may face challenges in gathering sufficient evidence to prove infringement, especially in cases involving complex counterfeiting networks. procedure registered trademark imitation lawsuit
Legal procedures may take a long time, affecting the trademark owner’s ability to effectively protect their rights. procedure registered trademark imitation lawsuit
Filing an infringement lawsuit requires significant financial costs, including attorney and expert fees, as well as the costs of gathering evidence. procedure registered trademark imitation lawsuit
Trademark owners should register their marks immediately to avoid any attempts at imitation or counterfeiting. procedure registered trademark imitation lawsuit
The market should be continuously monitored to detect any attempts at infringement, and legal action should be taken immediately upon discovery. procedure registered trademark imitation lawsuit
Trademark owners should hire specialized intellectual property lawyers to ensure that legal procedures are followed correctly. procedure registered trademark imitation lawsuit
Protecting trademarks from infringement represents a significant challenge for owners in light of rapid economic and commercial developments. However, understanding the available legal procedures and following them correctly can help effectively protect the rights of trademark owners. By registering trademarks, gathering evidence, and filing lawsuits, trademark owners can confront cases of infringement and maintain the identity of their products and services in the market. procedure registered trademark imitation lawsuit
First:
In the beginning, a complaint is submitted to the Supply Police or the office of the Supply Directorate in which the complainant’s headquarters is located. procedure registered trademark imitation lawsuit
Secondly:
The Supply Police or the Supply Directorate will verify the validity of the complaint by going to the complainant’s shop and withdrawing a sample or samples of the counterfeit products to present them to the technical authority (the General Administration of Trademarks) to write a technical report on the similarity between the complainant’s registered trademark and the mark on the samples withdrawn by the complainant. procedure registered trademark imitation lawsuit
Thirdly:
In the event that the report of the General Administration of Trademarks is issued that there is a similarity between the complainant’s registered trademark and the complainant’s products, the Supply Office will send the report and the seizure report to the prosecution to initiate a trademark counterfeiting case against the complainant. procedure registered trademark imitation lawsuit
Fourth:
After referring the case to the competent court by the Public Prosecution, the case is deliberated before the court and in case of conviction, the court issues its verdict mostly by fines, destruction of the trademark, confiscation of the products seized by the seizure report, compensation to the owner of the mark (temporary compensation), and sometimes the defendant is sentenced to imprisonment or closure of the facility. procedure registered trademark imitation lawsuit
Note: –
In the case of recidivism (which means repeating the act of imitation after it is proven by a final court ruling), imprisonment is mandatory and the facility must be closed. procedure registered trademark imitation lawsuit
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Executive Summary Trademark registration represents a fundamental pillar in protecting intellectual property assets for companies and business enterprises. This specialized guide aims to provide a
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Procedures for Registering a Trademark in Egypt: A Comprehensive Step-by-Step Guide Contact us now to register your trademark and protect your intellectual property with professionalism
Trademark Registration: A Strategic Step for Building Identity and Protecting Businesses Contact us now to register your trademark and protect your intellectual property with professionalism
Costs Registering Trademark in Egypt: A Comprehensive Guide for Business Owners Contact us now to register your trademark and protect your intellectual property with professionalism
Trademark Registration Requirements In Egypt Contact us now to register your trademark and protect your intellectual property with professionalism and security! OR WhatsApp Call Us
Executive Summary Trademark registration represents a fundamental pillar in protecting intellectual property assets for companies and business enterprises. This specialized guide aims to provide a
The owner’s right to amend or cancel the mark after Trademark registration :- 1 – Amending the markAccording to Article 85 of the IP Law,
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