Trademarks
Q1: How long will it take to conduct a trademark search?
The time frame for receiving the search reports is 10-14 working days.
Q2: Does your country use the international classification?
Yes.
Q3: Are there any goods or services for which the mark can not be registered?
No, all goods covered by the Nice classification can be protected.
Q4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
It depends on the class targeted, and the specified goods/services.
Q5: Can a trademark be registered in the name of more than one applicant (i.e. joint application)? If so, what are its requirements?
Yes, and the required documents in this case are similar to the requirements for filing a single applicant application, noting that a legalized POA in the name of the applicants is provided.
Q6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
6 months.
Q7: Can one application cover more than one class of goods/services?
The Egyptian Law permits multi-class applications; where a single certificate is issued for all classes when they attain registration, However, such applications are NOT recommended due to the fact that delay of the registration in one class will delay registration in other classes, which is why this type of filing is rarely adopted.
Q8: May priority be claimed under the Paris Convention?
Yes.
Q9: What is the term of protection of a trademark? From what date is it calculated?
10 Years, from the date of filing.
Q10: Is marking compulsory and, if so, how should marking be made?
No.
Q11: In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration or not?
Yes, based on prior use.
Q12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
Each error is corrected in a different way, errors that involve a drastic change in the form of the mark cannot be corrected and a new application should be filed, while other errors related to the applicant’s information can be corrected using the POA or the certificate of incorporation of the applicant.
Q13: Is use required before registration or for maintaining the registration in force?
No.
Q14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
Yes.
Q15: What are the types of use required?
Any type of usage that proves the existence of the mark owned by the applicant in the market in respect of the goods or services covered is sufficient.
Q16: Can the assignment of an application be recorded?
The Egyptian Trademark law stipulates the registration of the trademark in order to be able to file an assignment, merger or license at the Trademark Office. Therefore, in case of pending applications, the assignment, merger or license is delayed until the trademark in question attains registration.
Q17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
Not compulsory, but recommendable to be effective between the two parties and among others. No consequences
Q18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
Only the recordal change of name and address can be made against pending applications; while, the Egyptian Trademark law stipulates the registration of the trademark in order to be able to file an assignment, merger or license at the Trademark Office. Therefore, in case of pending applications, the assignment, merger or license is delayed until the trademark in question attains registration.
Q19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
A monetary consideration must be included in the Deed of Assignment.
Q20: Can the trademark application be opposed and what is the opposition period?
Yes, two months from the date of publication in the official gazette
