تسجيل علامة تجارية
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.
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).
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.
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.
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.
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 .
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.
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.)
What is the trademark according to the Egyptian law
The origin of a trademark goes back a long time when craftsmen signed or marked their artistic or utilitarian products.
Over the years, these marks have evolved into a trademark registration and protection system as we know it today.
This system helps consumers identify and buy products or services because nature and quality reflected by the trademark satisfy the consumer’s needs.