Trade Marks
A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or “marks” on their artistic or utilitarian products. Over the years these marks evolved into today’s system of trademark registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its uniquetrademark, meets their needs.
If you want to know more about Trade Marks please click or enter the following URL in your browser:
http://www.wipo.int/trademarks/en/trademarks.html
Trade Mark Search
El Welily Law Firm & Business Solutions (WLFBS) has extensive associates worldwide to assist you with conducting Trademark Searches globally. We offer various types of searches;
One must stress that, although searches are conducted with utmost care, results are subject to errors and/or omissions that escape our control.
Trade Mark Registration
Filing & Requirements
Once a trademark application is filed, the trademark is examined as to its registrability. Should the mark lack any requirement as provided for in the law and its regulations, the examiner will reject the application.
Requirements
According to the new Egyptian regulations, items 1and 3 must be available within six months from the filing date. Please be advised that if the documents were not available by the due date, the above-captioned trademark application will lapse.
You are kindly requested to provide us with the above documents at least one-month ahead of time, in order to enable us to prepare the necessary translations prior to filing it at the Egyptian Trademark Office.
Publication
Trademark applications approved by the Registrar are published in the Official Gazette. There is a two-month period from the date of publication during which any interested party may file an opposition notice. An opposition to the registration of a published trademark should be prosecuted by either a patent attorney or an applicant before the Registrar. The opposition case is referred to the competent tribunal if not settled by the Registrar or if either party objects to the decision issued by the Registrar.
Registration
In the absence of opposition, a published trademark is registered, and the relative certificate is issued.
Appeal
An applicant is entitled to appeal the requirements and conditions of the Trade Marks Office by means of submitting a petition to the competent committee within thirty days as from the receipt of the notice, served to him by the Trade Marks Office.
Requirements
Only, Power of Attorney legalized up to the Egyptian Consulate, if we do not previously possess one.
Nice Classification
Egypt is a party to the Madrid Agreement Concerning International Registration of Trademarks (Act of Stockholm of 1967) as from March 6, 1975. The international classification of goods and services (Nice Classification) for the purpose of registration of marks is followed in Egypt and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002.
Period of Protection
A trademark registration is valid for ten years from the date of filing the trademark application.
Use of Trade Mark
Use of trademarks in Egypt is not compulsory for filing applications for registration or for maintaining trademark registrations in force. However, a trademark registration is vulnerable to cancellation on the strength of a court decision obtained to this effect, by any interested party. A cancellation action relies basically on establishing sufficient grounds that the trademark in question has not actually been used seriously for a period of five consecutive years. A trademark registration is consequently canceled unless the owner proves that non-use of the trademark was for reasonable cause of which the court approves. The Trademark Office or any party concerned is entitled to demand cancellation of any trademark registered in bad faith.
If you wish to file an application for trademark we are please to assist you in filing it and will carry out all needed tasks before the Egyptian Trademark Office in order to obtain the registration approval.
Trade Mark Renewal
A trademark registration is renewable for periods of ten years each upon application and payment of the prescribed renewal fees. The Trademark Office serves a written notice to the registered owner of a trademark at his address as indicated in the register. The notice, which is served during the month following the expiry of the validity term, indicates the date on which the renewal fees should have been paid and calls for payment during the grace period. If the registrant fails to apply for renewal during the six months following the expiry of the stipulated protection period, the Trademark Office will ex officio cancel such registration, which will eventually be removed from the register.
Requirements
Trade Mark Assignment
The assignment of a trademark should be recorded, and unless it is published in the Official Gazette and entered in the records of the Trademark Office, an assignment shall not be effective vis-à-vis third parties. The assignment of a trademark must not necessarily be submitted with the establishment of the business concern. Changes in the name and/or address of a registrant must be recorded.
Requirements
