TRADEMARK ACCORDING TO LAW # 82 OF 2002
Law No. 82 of 2002 has been issued for the protection of intellectual property rights and its implementing egulation has been issued by the Prime Minister’s decree No. 1366 of 2003 to include the First,
Second and Fourth blogs of the Law. In 2006, decree No. 2202 has been issued to amend some provisions of the implementing regulation on the third blog of the IP law,
which nullified each of the law No. 57 of 1939 on trademarks and trade information, the law No. 132 of 1949 on patents and industrial designs, and the law No. 354 of 1954 on copyright protection.
1 – The trademark helps the consumer in several ways. It gives the consumer an idea about the characteristics of the product and confirms that the purchase of a product labeled with the same trademark will guarantee the same characteristics at each time the product is purchased by the consumer. It also helps the consumers to readily distinguish the products and chose the one that better satisfies their needs.
2 – Creating a link or a relationship between the goods produced and the target consumers and hence facilitate the process of the purchase thereof on the grounds that the trademark name reflects the accountability and the safety due to its proper characteristics and good specifications.
3 – Thwarting the efforts made by practitioners of unfair competition, imitators, and counterfeiters who seek to market poor products and thus defame the reputation of the company.
4 – The trademarks of good reputation drive targeted consumers to re-buy the products labeled with these marks or repeat the purchase thereof, and also raise the market value of the company owning the trademark.
5 – The trademark aims to distinguish products to attract the clients and public consumers because of the services it provides thereto and because it makes it easy for them to identify the goods and products they prefer.
1 – Trademarks that are 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 – Trademarks that violate the 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 – Trademarks 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 the other characteristics thereof, as well as the marks containing a false, imitated, of a forged trade name.
The Office shall pay the fees prescribed for the advertisement thereof in the Official Gazette (a special trademark gazette issued monthly to publicize the trademark), with a copy of the advertisement to be extended to you by the Office. During the advertisement period, any interested party may protest the acceptance of the trademark registration using the form appropriated for this purpose. In this case, the Office shall take all legal measures to protect the trademark.
The protection of the trademark registration in accordance with Egyptian law shall be ten years and may extend for a similar period(s) at the request of its owner each time during the last year of the protection period against payment of the due fee.
The owner of the trademark shall be entitled to renew the protection period on a continuous basis, due to the fact that the trademark is a symbol of the products of the project and gains fame and value that increase over time.
The person who registers the trademark shall be deemed to be the owner thereof if combined with the use of the mark within the five years following registration.