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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.
This shall apply to the same products covered by the previous application, all in accordance with the conditions stipulated in the law and the regulations.
The second paragraph of the article (75) of Law No. 82 of 2002 adds that in this case, reference shall be made to the date of filing the first application in the foreign country when determining priority.
This means that the filing of the application according to the above will entail the right of priority.
The implementing regulations for arranging this right stipulated that the application should satisfy the following conditions:
1- The previous application should have been filed in one of the member states or entities of the World Trade Organization, or in those states or entities having reciprocated deals with the Arab Republic of Egypt in terms of the right of priority.
2- The previous application should be the first application filed for registering the trademark for the same products subject to the application filed in Egypt.
3- The applicant should specify the date on which the first application was filed.
4- The application of the right of priority should be filed within the six months period following the date of filing the first application, otherwise the right of priority shall be forfeited (Article 1/73 of the Regulations).
The second paragraph of the same article added that when determining the priority, reference shall be made here to the fulfillment of the terms and conditions thereof on the date of filing the first application.
2- If two or more persons apply at the same time for registration the same trademark or similar trademarks for a single class of products, the registration procedure shall be suspended until one of them has obtained a waiver from his litigants or an enforceable judgment has been rendered in his favor.
This means that the priority for filing an application for registering a trademark shall not be finalized unless the right of either application over the other has been ascertained either by a waiver from the litigants or by means of an enforceable judgment in order to avoid the disagreements that may potentially arise between the applicants, as the right of the trademark shall be reverted to the first applicant.
