cases a Trademark Registration application may be rejected
Q: In which cases a trademark application may be rejected ?
ITS LEGALLY ASSUMED THAT TRADE MARK REGISTRATION IS ACCEPTED IMMEDIATELY EXCEPT IN THE FOLLOWING CONDITIONS :-
1- Marks devoid of any distinctive feature or consisting of signs or data which do not fall beyond the designation that is traditionally given to the products, drawing, or the ordinary images thereof.
2- Trademarks that are identical and similar to trademarks previously registered for the same products or services.
3- Marks that violate public order or morals.
4- Public emblems, media, and other symbols of the State or the other states or the regional or international organizations, as well as any imitation thereof.
5- Marks that are identical or similar to symbols of a religious character or particularity.
6- The symbols of the Red Cross or the Red Crescent or other similar symbols, as well as the signs which represent imitations thereof.
7- Images of others or their logo unless they authorize the use thereof.
8- Data on honors degrees unless the applicant has proved to have obtained them.
9- Marks and geographical indications that may mislead or confuse the public, or contain false data on the origin of products or services or other characteristics, as well as marks containing a false, imitated, of a forged trade name.
- Published in FAQs, Trademark registration, Worldwide Trademark Register
Trademark Registration Requirements In Egypt
Trademark Registration Requirements In Egype
A power of attorney just notarized from notary public if the applicant Egyptian (or the applicant in other nationality must be duly legalized up to the Egyptian Consulate)
A simple copy of the certificate of Incorporation or an extract from the Commercial Register.
A certified copy of the priority document in case of claiming priority.
Accordingly, the power of attorney and Certificate of incorporation can be filed within 6 months from the date of filing (non-extendable). The priority document should be submitted within three months from the filing date.
Time frame from filing a trademark application up to registration:
Filing up to Examination : 10-12 Months
Examination up to Publication : 1-2 Month from the time of acceptance
Opposition Period : 60 days from the publication date
End of Opposition Period up to Issuance of Registration Certificate : Within 1 Months
Total Estimated Time Frame : 14 – 17 Months
Trademark procedures in Egypt :-
Once an application is filed it will be allotted filing number and ate on the same day of submitting the application and an official filing receipt will be issued as well.
Within 10 to 12 months the trademark application will undergo substantial examination which will be subject to acceptance absolutely or conditional acceptance or otherwise it might be refused on the basis of prior rights or non-distinctiveness.
The applicant will be entitled to file an appeal against the registrar’s conditional decision to the appeals committee attached to the trademark office within 30 days from registrar’s decision.
If accepted unconditionally or after complying with the Examiner’s condition the trademark application will be advertised in the Trademark Journal.
In the absence of oppositions by third parties within two months from the publication date the registration certificate of the mark will be due for issuance.
Renewal of a trademark registration can be effected with the last six months from the expiry date of the protection period. A grace period of six months is given with a fine.
Renewal of trademarks
A power of attorney just notarized from notary public if the applicant Egyptian (or the applicant in other nationality must be duly legalized up to the Egyptian Consulate),
The number and date of the registered trademark
Time frame from filing a trademark renewal application up till issuance of the renewal certificate:
Total Estimated Time Frame : 1-2 Months
Change of name
A power of attorney just notarized from notary public if the applicant Egyptian (or the applicant in other nationality must be duly legalized up to the Egyptian Consulate)
Certificate of change of name just notarized from notary public if the applicant Egyptian (or the applicant in other nationality must be duly legalized up to the Egyptian Consulate).
List of trademarks concerned.
Change of address
A power of attorney just notarized from notary public if the applicant Egyptian (or the applicant in other nationality must be duly legalized up to the Egyptian Consulate)
Certificate of change of address just notarized from notary public if the applicant Egyptian (or the applicant in other nationality must be duly legalized up to the Egyptian Consulate).
List of trademarks concerned.
Time frame needed for completing a change of name and/or address recordal: Total Estimated Time Frame : 2:4 Months
Assignment requirements of trademarks:
Power of attorney signed and sealed by the assignee just notarized from notary public if the applicant Egyptian (or the applicant in other nationality must be duly legalized up to the Egyptian Consulate)
A Deed of assignment just notarized from notary public if the applicant Egyptian (or the applicant in other nationality must be duly legalized up to the Egyptian Consulate).
Certified copy of the extract from the commercial register or certificate of incorporation just notarized from notary public if the applicant Egyptian (or the applicant in other nationality must be duly legalized up to the Egyptian Consulate)
Time frame needed for completing the recordal of an assignment recordal: Total Estimated Time Frame : 5-6 Months
- Published in Trademark registration, Worldwide Trademark Register
Associated Trademarks
Associated Trademarks :-
The administration authority should write on the page appropriated for the registration of the trademark the other marks associated therewith and their numbers. This association is confirmed in Article (2) of the Regulations.
Marks are considered associated with a trademark or other marks if they are identical or similar and owned by one person and are intended to label products of the same or similar category (Article “2” of the Regulations).
- Published in FAQs, Trademark registration
Individuals who are legally entitled to register a trademark
Article 66 of the IP Law has included a statement of the individuals entitled to register their trademarks in Egypt without prejudice to the provisions of international agreements in force as follows
The trademark may be registered for every Egyptian or foreigner natural or legal person who belongs to or who has a real and effective activity center in one of the countries or entities that are members of the World Trade Organization (WHO) or those which treat Egypt on a reciprocity basis.
- Published in FAQs, Trademark registration
The owner’s right to amend or cancel the mark after Trademark registration
According to Article 85 of the IP Law, the owner of a trademark that is previously registered may, at any time, file an application to the Commercial Registration Authority to make any amendment to the trademark thereof, provided that such an amendment will not substantially affect the identity of the mark.
The owner may also request making any amendment by deletion and not by adding to the products relating to the mark.
According to this provision, the owner of the registered trademark is free to make an amendment that he deems appropriate or necessary according to his needs. He is further entitled to delete one or more statements regarding the products to be labeled by the registered mark.
- Published in FAQs, Trademark registration
Re-Trademark registration of the previously canceled mark
If it is decided to delete the trademark in accordance with the first case, i.e. based on the issuance of an administrative decision by the Commercial Registration Authority, to delete the trademark for not renewing the registration thereof, or according to the second case based on a judgment rendered by the competent court for non-use, the legislator shall here authorize only the owner of the trademark the right to request re-registration within three years from the date of deletion thereof according to the procedures regulating this matter.
- Published in FAQs
Priority Right to Apply for a Trademark Registration
1- If an application for the registration of a trademark is filed in one of the WTO member states or entities or which have reciprocated deals with the Arab Republic of Egypt, the applicant may,
within the six months period following the date of application, file an application similar to that pertaining to the same trademark at the Government Office for the registration of the trademarks in the Arab Republic of Egypt .
- Published in FAQs, Uncategorized
Required papers for trademark registration
What are the procedures for registering a trademark in Egypt?
Before registering a trademark, the full activity of the products or services on which the trademark is placed should be presented to a specialist to indicate the class or classes for which a trademark will be registered in accordance with the international classification of goods and services in its latest version.
- Published in FAQs, Uncategorized
What are the procedures for registering a trademark inside Egypt
- Published in FAQs, Uncategorized
Trademark Lawsuits
One of the trademark cases is the appeal against the decision of the Government Office (the General Trademark Department) rejecting the registration of the trademark,
whether being a decision to reject the application for registration of the trademark before the grievance committee or before the opposition committee to prove ownership of the trademark.
The judgment for reversing the decision of the Department and registration of the mark is most likely rendered in cases where there are documents presented to the Court that support the appeal and are consistent with the reasons thereof.
These include, but not limited to, the documents proving the use of the trademark in question prior to the use of the mark that caused the rejection by the Department, (e.g. sales invoices, customs release documents, trademark advertisements in newspapers or magazines, contracts, sale or supply orders, etc.)
- Published in FAQs, Uncategorized
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