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.
In Article (92) of the law, it is postulated that "the mark may be re-registered after its cancellation for owner thereof only within three years from the date cancellation in accordance with the prescribed conditions and procedures and against the payment of the fee determined by the implementing regulations of this law at an amount not exceeding one thousand pounds."
In this ruling, the legislator has given prime consideration to the interests of the owner of the mark with an exclusive chance to re-register the mark within three years.
After the lapse of the three-year period referred to above, the legislator shall allow the owner of the mark and the others as well the right to request the registration of the mark that was removed from the products. Here, Article (2/92) of the law states that "after the lapse of the said period, it shall be permissible to register the mark of its owner for the same products under the same conditions, procedures, and the fees prescribed for the first-time registration.
The legislator has also authorized the third party to immediately register the mark after having an enforceable judgment rendered for the cancelation thereof if the reason for the cancellation relates to the illegibility of the person who registered it.
In this context, Article (92/3) states that "However, if the cancellation is done in the implementation of an enforceable judgment regarding the non-illegibility for registering the mark, it may then be registered for the benefit of others once it has been canceled ".
In fact, the provision of this clause is consistent with the legal logic in that there is no place for the delay in registering a mark when the illegibility of the person who registered it has not been proven based on the fact that the ownership of the mark has not been proven. Accordingly, it is permissible for others to apply for the registration of the same mark immediately after the issuance of the enforceable judgment.