Trademark Registration in Egypt | Legal Protection Guide

How To Establish a Strong Legal Presence in the Egyptian Market?

Today, a trademark represents a key asset for businesses in the Egyptian market. It is not merely a name or logo that identifies a product, but a fully-fledged legal identity that affords its owner extensive legal protection and a competitive advantage. In light of the expansion of commercial activity and the growing scale of projects, trademark registration has become an essential step in ensuring brand consistency and preventing infringements, imitation, or unlawful exploitation.

Trademark regulation in Egypt is governed by Law 82 of 2002 on the Protection of Intellectual Property Rights, specifically Book Two, which establishes the comprehensive legal framework for trademark registration, examination, and approval procedures, in addition to regulating the rights arising from registration and the civil and criminal penalties prescribed to protect trademark owners. This System is supported by the Executive Regulations issued pursuant to Decree 1366 of 2003, which specify the procedures for filing, publication, and opposition, as well as the mechanisms for renewing trademarks and proving infringement.

Under this legal framework, building a strong brand is no longer limited to design and creativity alone; rather, it is directly linked to proper legal procedures that ensure business owners' effective protection in the Egyptian market and enable them to establish a credible identity in the eyes of both consumers and competitors.

Trademark:

A trademark is a distinctive sign or symbol used to identify the goods or services of one business from those of another. This includes names, words, letters, numbers, designs, images, symbols, seals, colors, three-dimensional images, or any combination of these elements, provided that they are visually perceptible and capable of distinguishing the source of the goods or services.

Trademark characteristics:

1. Distinctiveness: A trademark must be recognizable and distinguishable, enabling consumers to identify the product or service and associate it with the business without any ambiguity or confusion. This is a fundamental requirement when applications for trademark registration are examined by the Intellectual Property Protection Authority.

2. Visual Perceptibility: Trademark must be visible, capable of being depicted, or visually perceptible, which makes it eligible for registration and publication and ensures that it can be documented and protected.

3. Legality: Trademarks that violate public policy or public morals—such as those containing words or symbols that are contrary to public morals, or those that include the emblems or flags of countries or international organizations—shall not be accepted.

 4. No Misleading or Harmful Effects on Competition: The trademark must not contain any element that could mislead the public regarding the nature, origin, or characteristics of the product, nor may it lead to confusion between products.

5. The trademark must be genuine and not previously registered; it must not have been previously registered by another party for the same or similar classes. Furthermore, trademarks that are identical or confusingly similar will be refused registration.

Competent authority for trademark registration:

The Egyptian Trademark Office (EITO), under the Egyptian Authority for Intellectual Property (EAIP) of the Ministry of Trade and Industry, is responsible for registering trademarks and overseeing all related legal procedures.

The EITO is responsible for:

1. Receiving trademark registration applications and examining them for formal and legal compliance.

2. Examining the marks to ensure that they are distinctive and do not resemble previously registered marks, which could confuse consumers.

3. Publishing the trademark in the Official Gazette for the statutory opposition period (usually 60 days).

4. Issuing a trademark registration certificate once all legal procedures have been completed.

5. Renewing the trademark and maintaining records to ensure the protection of the owner’s rights throughout the trademark’s term of validity.

Basic requirements and how to register a trademark:

To register a trademark in Egypt, the documents specified by law must be submitted and examined by the General Administration for Trademarks, Designs, and Industrial Models. The Administration will then either issue a trademark registration certificate and grant the prescribed legal protection, or refuse the registration and provide the applicant with the legal grounds for the refusal. These requirements and documents are as follows:

 1. The application for trademark registration, renewal, or amendment must be submitted to the Administration at the Commercial Registration Authority by the applicant or their authorized representative, using the designated form and paying the applicable fees. The following documents must be attached to the form:

- Four copies of the trademark to be registered, which must match the trademark shown on the registration application.

- The trademark to be registered, a list of the products for which the trademark is to be registered, and the class or classes to which they belong.

- A statement of the applicant's name and address for the trademark registration (Egyptian/foreign).

• If the applicant is an individual (Egyptian or foreign national), the following information must be provided: name, surname, nationality, mailing address, and proof of identity (passport or national ID card).
• If the applicant is an Egyptian legal entity and the application is submitted by its representative in person, the following information must be provided: (trade name, address, purpose of incorporation, legal form, and commercial registry number).
• If the applicant is a foreign legal entity, the following must be submitted: (the company’s commercial registration from abroad, and a certificate from a patent attorney in Egypt).
• If the application is filed by an agent, a power of attorney must be submitted that explicitly authorizes the registration of trademarks, the receipt of certificates from the company’s legal representative, and the conduct of business before the Trademark Department.

- The document granting provisional protection for the trademark, if available.

2- Registration of a trademark with priority: Where the applicant files the application in any member state of the World Trade Organization (WTO) or countries that treat Egypt on a reciprocal basis, the Applicant shall have the priority right for registration. The date of filing the first application shall be stated. The priority application shall be submitted within 6 months from the date of filing the first application; otherwise, the priority right will be barred.

• Where any document cannot be submitted, the required documents shall be completed within 6 months from the application submission date. Otherwise, the application will be null and void.

3. Application for Registration shall be recorded in the Trademark Register designated for this purpose, with a page to be allocated for each registered trademark, after paying the legally prescribed fees. The Applicant shall receive a written receipt including: The name of the applicant, the application number, and the application’s time and date.

4. Examination of the trademark registration application: After submission, the General Administration of Commercial Registration examines the Application, within an adequate period, during which the Administration can conduct the required searching for any associated or similar trademarks.

5. The Administration’s right to interview the applicant: if, upon reviewing the application, the Administration has serious doubts, it shall have the right to call the applicant for an interview by registered letter with acknowledgement of receipt to the mailing address provided in the application. Following the interview, the Administration has the right to instruct the applicant to provide the necessary evidence to verify the accuracy of the information, within a period not exceeding three months from the date of such instruction.

6. The EITO’s Right to Request Amendments From Applicant: Egyptian law grants the General Authority for Commercial Registration the right to require the applicant to make the necessary amendments to the registration application and the trademark sought to be registered, provided that the applicant is notified of this within 30 days of the date of issuance of the decision by means of a registered letter with return receipt. The decision must be substantiated; otherwise, it is defective and contrary to the law.

If the applicant fails to make the necessary corrections within six months of the date of notification, the administration reserves the right to cancel the application, provided that the applicant retains the right to appeal the cancellation decision.

7. Issuance of Decision Approving Trademark Registration: The decision shall be published in the Patent and Utility Model Gazette, including details regarding the applicant, the registered trademark, its intended use, and any other information the Authority deems necessary for publication; the prescribed publication fees must also be paid.

- Any interested party has the right to file an objection to a trademark for which a decision to accept the registration application has been published, within 60 days of the date of publication. The objection must be submitted to the Director of the Authority, accompanied by documents proving the party’s standing and the validity of the grounds for objection.

- The applicant is notified of the objection by means of a certified letter with return receipt within 30 days of the date the objection was received.

- The applicant must respond to the notified opposition within 30 days of the date of notification of the opposition. The response must be in writing and include a statement of grounds; the applicant will be deemed to have waived the right to apply for trademark registration.

- The objector shall be notified of the response within 10 days of its receipt, by registered letter with return receipt.

- The EITO holds a hearing (at the request of the applicant or the objector) to hear their statements before issuing a decision and upon payment of the applicable fees. It shall then issue a reasoned decision accepting or rejecting the registration within 10 days of issuance, via a registered letter with return receipt.

- The EITO notifies both parties of the decision regarding the objection within 10 days of the date of issuance, by registered letter with return receipt. If the decision is to dismiss the objection, the applicant shall be given 90 days from the date of notification to complete the registration procedures; otherwise, the application shall be deemed withdrawn.

- If no objection to the trademark registration is filed within 60 days of the publication date, the Authority shall notify the applicant of the decision to accept the trademark registration application by registered letter with return receipt within 10 days of the date the decision is issued.

8. If a decision is issued to dismiss registration of the trademark or to suspend acceptance of the registration subject to conditions, based on a reasoned decision by the Director of the Office, the applicant shall be notified of the decision within 30 days of the date of issuance, by registered letter with return receipt, and the applicant shall have the right to appeal the decision.

9. Appeals Against Trademark Registration: A committee shall be formed within the General Administration of Commercial Registration to hear appeals filed by the applicant if a decision is issued rejecting the trademark registration. The committee shall issue a reasoned decision within one year from the date of submission. The Authority shall notify the appellant of the date set for the hearing of the appeal. It shall require the appellant to appear to present any information and documents 15 days before the hearing date. The appellant shall also be notified of the Committee’s decision within 15 days of its issuance, and such notification shall be made by registered letter with return receipt to the appellant’s mailing address.

10. Trademark Publication: The registered trademark is published in the Patent and Utility Model Gazette. Publication is limited to the serial number, the date of registration, the name of the owner, and the issue number and date of the Gazette in which the acceptance of the application was published. The trademark owner has the right to prevent others from using the trademark without their permission.

Term of Trademark Protection and Renewal:

A trademark is protected by law for ten years. It may be renewed for one or more similar periods upon the owner’s request, which must be submitted during the final year of the protection period and upon payment of the fee applicable to the initial registration application. The renewal of the trademark’s protection period is published in the Official Gazette.

A renewal application must be filed during the final year of the term of protection. A renewal application may also be filed within six months after the expiration of the term of protection, subject to the payment of an additional fee. If renewal is not sought within that period, the trademark shall be deemed to have lapsed, and third parties may apply to register a similar trademark.

Access to Registered Trademarks.

Every person has the right to request access to registered trademarks and may obtain extracts or copies from the trademark register by submitting a written request in the prescribed form, paying the applicable fees, and providing a copy of the trademark.

Application For Revocation or Amendment of Trademark Registration:

- If the trademark owner wishes to revoke the registration, they may submit a written application for revocation to the Director General of the General Department of Commercial Registration. The Department will issue a decision on the application within 30 days of the submission date. The decision to cancel the registration shall take effect from the time the application is submitted, and the Department then publishes the revocation in the Official Gazette.

- If the trademark owner wishes to amend or record information that does not affect the essence of the trademark, a written application must be submitted, accompanied by supporting documents and four copies of the trademark after the amendment or recording. Should an amendment or notation pertain to the products for which the trademark is registered, such amendment or notation must consist of deletion only, without any additions, and the Department will publish the amendment or notation in the Official Gazette.

Trademark Deregistration

Deregistration refers to the removal of the trademark’s registration and license from the trademark registry, thereby causing it to lose its statutory protection. Accordingly, the owner no longer has the right to invoke it against third parties. Revocation is carried out in accordance with the provisions of Law 82 of 2002.

Reasons for Deregistration:

Trademark deregistration may be based on a request from any interested party (such as a trademark owner who has been adversely affected or a competitor), or the Authority may proceed with the deregistration after notifying the trademark owner; deregistration shall take place if any of the following conditions are met:

1. Deregistration due to failure to renew the trademark’s term of protection; deregistration is processed automatically by the General Department of Commercial Registration.

2. Deregistration for Trademark Non-use: Any interested party may apply for trademark deregistration if it has not been used for five consecutive years following registration, unless the trademark owner provides valid reasons for the non-use.

3. Deregistration based on a final court ruling, such as a ruling ordering the deregistration due to the illegality of the registration, or due to proven fraud or deception at the time of filing the application, or due to the mark being identical or similar to another mark, thereby confusing.

4. Administrative deregistration of a trademark for violating public order or public morals, or if the trademark includes official symbols or emblems of countries or organizations without authorization.

In conclusion, a trademark is the cornerstone of building a strong brand identity in the Egyptian market. It is the legal tool that provides its owner with professional protection and prevents any infringement or unlawful exploitation. Under Law 82 of 2002, the Egyptian lawmakers established a comprehensive legal framework governing the registration of trademarks, specifying the duration of their protection and renewal, the procedures for deregistration, and the process for appealing a refusal of registration, thereby ensuring a balance between the interests of investors, consumer protection, and the stability of commercial transactions.

A trademark strength depends on the extent to which the proper legal procedures are followed during registration, renewal deadlines are met, and the owner’s rights are enforced against any infringements; this makes seeking specialized legal expertise a necessity rather than an option.

In this context, Sadany & Partners Law Firm stands out as one of the leading legal firms in the field of intellectual property, offering comprehensive services that include trademark registration, monitoring, examination and publication procedures, renewing protection, and addressing any infringements or legal disputes, thereby ensuring its clients robust protection and a solid commercial identity within the Egyptian market.