×

Trademark Lawsuits

The Egyptian Law No. 82 of 2002 regulates the necessary procedures for registration and protection of trademarks, including the filing of the application, classification, examination, auditing, reviewing and objection, as well as the means of appealing the decision to reject the registration of the trademark and appearing before the competent grievance committee or the opposition committee through appeal initiated before the Administrative Court (State Council) or even before the Supreme Administrative Court - if necessary .
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.)
The Court shall ultimately mandate the Department to register the trademark subject of the appeal, with the resulting events such as the decision to cancel the registration of the trademark that has caused the rejection of the mark in question.
To this end, we conclude that the question here is to prove the ownership of the trademark in the case of a dispute on the precedence of use thereof and not the precedence of registration in the Governmental Office, although the Governmental Office is the authority competent to receive applications for registration based only on  the precedence of filing.
The competent court shall decide on proving the ownership according to the priority of use, as it has the powers, authorities, and expertise to bring such disputes into a final conclusion by delegating an expert(s) specialized in trademark disputes to prove the precedent use in favor of one of the parties to the dispute, and the Court shall then document the ownership.
The procedures for defending the trademarks against imitators and infringers are divided into the following : -
1- A complaint shall be filed at the Logistics Police Department or the Logistics Directorate based in the locality of the defendant.
2-The Logistics Police Department or the Logistics Directorate shall verify the trueness and validity of the complaint by moving to the defendant's place to draw a sample(s) of the counterfeit products for presentation to the technical authority (General Department of Trademarks), and to write a technical report of a similarity between the registered complainant's mark and the mark that labels the samples taken from the defendant..
3- In the case of issuing a report by the General Department of Trademarks denoting that there is a similarity between the registered complainant's trademark and the one labeling the products of the defendant, the Logistics Directorate shall then send the report and the minutes of seizure to the Public Prosecution which will -in turn -institute a trademark imitation lawsuit against the defendant.
4- After having the case referred to the competent court by the Public Prosecution, the case shall be deliberated before the Court. In the case of conviction, the Court shall most likely charge a fine and order the destruction of the false trademark, and shall further confiscate the products through seizure minutes and order compensation to the owner of the original trademark (temporary compensation). In some cases, the defendant may be sentenced to imprisonment or the facility thereof may else be subject to closure.
Note :-  In the case of reoccurrence of the imitation event after having been proven by a final judgment, the imprisonment and the closure of the facility shall both be mandatory.
Civil Procedure for Proof of Trademark imitation (conservatory attachment orders on goods labeled with imitated trademarks) .
Trademark Registration -Trademark Lawsuits

  • in FAQs, Trademark registration

    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,...
  • in 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 docume...
  • in FAQs, Trademark registration

    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 an...
  • 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...
  • in FAQs, Trademark registration

    The owner’s right to amend or cancel the mark after Trademark registration

    1 – Amending the mark 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...

HOW CAN WE HELP YOU

Submit a request and we will call you right-away

For advice on how to protect your Intellectual property rights.

TOP Call Now ButtonCall Now
Open chat