How to register a trademark in Egypt

Egyptian Trademark Protection System

In Egypt, trademark registration is not mandatory. The owner of a globally renowned trademark in Egypt, even if the trademark is not registered in Egypt, has the right to enjoy the protection granted by Egypt’s Intellectual Property Protection Law.

Egypt is a member of the Madrid International Trademark Registration System, and the Nice classification is used for the classification of goods and kimono during trademark registration. Egypt is also a member of the Paris Convention for the Protection of Industrial Property. If the same application is filed in Egypt within 6 months after the first trademark application is filed in the territory of a member of the Convention, priority can be enjoyed.

Egyptian Trademark and Industrial Design Office

The Egyptian Trademarks and Industrial Designs Office is under the jurisdiction of the Internal Trade Development Authority (ITDA) of the Ministry of Trade and Industry in Egypt, responsible for handling the registration and maintenance of trademarks and industrial designs.

website： www.itda.gov.eg

Telephone：+202 26720452

Fax：+202 26720453

Email：egypt.id@gmail.com

address：4 Nasr Road cross Makram Ebeid, Nasr City – Cairo, Egypt

Introduction to Trademark Registration in Egypt

3.1 Definition of Trademark

According to the Egyptian Intellectual Property Protection Law, a trademark refers to a sign used to distinguish goods or services, which may contain a unique name, signature, word, letter, number, design, symbol, mark, stamp, imprint, painting, carving, vivid color matching, or other combination thereof, and has been used or is intended to be used to distinguish goods and services of specific industrial, agricultural, forestry, or mineral enterprises, or to indicate the source, quality, classification, guarantee, preparation process of goods, or to indicate what services can be provided.

Regardless of its form, a trademark must be a visually recognizable symbol.

3.2 Categories of registered trademarks

According to the Egyptian Intellectual Property Protection Law, in addition to ordinary trademarks, registered trademarks also include collective trademarks and certification trademarks.

1.Collective trademark (Article 69)

A collective trademark is used to distinguish products belonging to a group of people belonging to a specific entity, even if the entity itself does not have an industrial or commercial enterprise. The registration application for a collective trademark should be submitted by the representative of the entity.

2.Proof of Trademark (Article 70)

For the public interest, the minister in charge of trademark registration may authorize natural persons or legal entities to participate in the control or inspection of the origin, composition, manufacturing methods, quality, authenticity, or any other significant features of products, and register trademarks. This type of trademark is used to prove that the relevant products have undergone the aforementioned controls or inspections. Without special authorization from the competent minister, certification trademarks shall not be processed.

3.3 Signs that cannot be registered as trademarks

The following items cannot be registered as trademarks or as components of trademarks:

The logo lacks distinctive features, or is only composed of symbols or statements that describe the product, or belongs to common patterns or images;

Any signs that violate public order or morality;

Emblems, flags, or other symbols of a country or any other state, region, or international organization, as well as imitations of these symbols;

Symbols that are identical or similar to religious symbols;

Red Cross, Red Crescent or similar symbols, as well as imitations of these symbols;

Personal portrait or emblem, unless with the consent of the individual;

The applicant cannot prove their right to use the honorary degree title;

Signs and geographical indications, which may mislead the public, cause confusion, or contain false descriptions of the source or other quality aspects of goods/services, or contain fictitious, counterfeit, or forged trade name signs;

Similar or identical to an unregistered well-known trademark, if used, it may make consumers believe that the product or service is related to the owner of the well-known trademark, and such use may harm the interests of the owner of the well-known trademark.

Egyptian Trademark Registration Procedure

Egypt is a member of the Madrid International Trademark Registration System, through which foreign applicants can register Egyptian trademarks or submit trademark registration applications directly to the Egyptian Trademark and Industrial Design Office (hereinafter referred to as the “Trademark Office”).

4.1 Procedure for Directly Applying for Egyptian Trademarks

1.Submit an application

When directly applying for registration of an Egyptian trademark, the applicant should submit the following materials:

Registration application form and application fee;

Four copies of the trademark images identical to those in the registration application form;

The applicant’s name, nationality, service address in Egypt, and residence (if any); If the applicant is a legal entity, provide the name and address of the entity; If applied through an agent, provide the agent’s name, address, and authenticated authorization letter;

Logo for registration application;

Specify the product category and corresponding classification number applicable to the applied registration mark;

If the logo is currently or has been used to distinguish its products, provide the location of the corresponding commercial enterprise or development project;

If priority is claimed, it should be stated that the applicant has filed the same trademark application in the territory of a member of the World Trade Organization or another party that has signed a reciprocal agreement with Egypt;

The documents (if any) delivered to ensure temporary protection of the trademark.

*Egypt provides temporary protection for product logos displayed at national or international exhibitions. Trademark owners who wish to obtain temporary protection should notify the Trademark Office of this wish before the exhibition.

The above documents should be submitted within 6 months from the application date. If the application materials are not written in Arabic, an Arabic translation should be attached.

The Trademark Office will record the application and assign an application number based on the application date. The applicant will receive a receipt provided by the office, which includes the trademark application number, the applicant’s name, and the application date and time.

2. Review

If there are serious doubts about the correctness of the data or documents attached to the application, the head of the Trademark Office or a person designated by the head will send a registered letter to the service address filled in the application form, inviting the applicant or agent to discuss with them in person or in other designated form, and requesting the applicant or agent to provide evidence proving the correctness of these data or documents within 3 months from the date of their request.

If a trademark contains an element that has no distinctive features or is only a generic name, drawing, or image of a product, the head of the trademark office or a person designated by the head will require the applicant to abandon that element in order for the application to be approved. The Trademark Office may also proactively request the applicant to modify the main body of the trademark to make it more prominent and clear, in order to avoid being identical or similar to a registered trademark or a trademark registration application. The decision of the Trademark Office shall be delivered to the applicant or agent by registered mail within 30 days after issuance. If the applicant does not make any modifications within 6 months after receiving the notice, the office may reject the trademark application.

The rejection notice includes the applicant’s right to file an appeal before the committee referred to in Article 78 of the Intellectual Property Protection Law, and is accompanied by a time limit and a procedure for submitting the appeal.

A registered trademark should have a color. If no color is specified at the time of application, the Trademark Office may require the applicant to indicate the color of the trademark or any part thereof before publicizing the application.

3.Publicity

If the Trademark Office accepts a trademark application, it will be published in the Trademark and Industrial Design Bulletin published in the first week of each month, which includes:

The applicant’s name, nationality, and residence in Egypt (if any);

A true copy of the trademark applied for registration;

Application number and application date;

The products to which the trademark applied for registration applies, as well as the classification to which the products belong;

The logo is currently or has been used to distinguish the location of its products, corresponding commercial enterprises or development projects;

The requirements of the Trademark Office for trademark registration (if any);

Any other instructions deemed necessary by the Trademark Office.

Before the public announcement, the office may require the applicant to provide a copy of the trademark (clich é) or a reproduction to meet the conditions and requirements set by the department.

The applicant is required to pay a publicity fee of 120 Egyptian pounds.

*The amount is from the ITDA website and does not match the fee schedule stated in the Implementation Regulations of the Intellectual Property Protection Law. The final fee will be subject to the interpretation of the Egyptian official agency.

4. Objections

After the accepted trademark application is published, anyone can raise an objection within 60 days.

The objector needs to use the request form provided by the Trademark Office, submit proof of identity, and provide serious reasons for opposing the relevant trademark registration. The office will provide a copy of the objection letter to the applicant by registered mail within 30 days after receiving it.

The applicant shall submit a written response to the Trademark Office within 30 days after receiving the objection letter. If the application is not submitted within the deadline, it will be deemed as giving up the trademark registration application. The Trademark Office shall provide the response to the objector by registered mail within 10 days of receiving it.

Before making a final decision, the Trademark Office shall hold a hearing at the request of the applicant or objector, after charging the prescribed fee, in order for both parties to present their arguments.

When making a decision, the office may require the applicant to meet any requirements it deems necessary to enable the trademark to be registered.

After making a decision, the Trademark Office shall notify all parties of the result within 10 days by registered mail.

5.Registration

After the Trademark Office makes a decision to reject the objection, the applicant will have 90 days to complete the registration process. Otherwise, the application will be considered abandoned.

If no objection is raised within 60 days after the publication of the trademark application, the Trademark Office shall notify the applicant of the result by registered mail within 10 days after making the decision to register the trademark.

The applicant needs to submit an application for obtaining a trademark registration certificate and pay a registration fee of 110 Egyptian pounds.

The Trademark Office will provide the applicant with a certificate with a signature and official seal, and the registered trademark will be published in the government gazette.

4.2 Trademark Renewal

The protection period of a registered trademark starts from the date of application and lasts for 10 years. After the expiration, an application for renewal can be made, with each extension lasting for 10 years. For trademarks that have not applied for renewal within 3 months after expiration, the Trademark Office will revoke them.

4.3 Use and Revocation

If a trademark is revoked due to non renewal, others are not allowed to register the trademark in the same product category within 3 years, unless a court ruling supporting the registration is obtained.

If a third party applies and provides evidence that the registered trademark has not been used for three consecutive years, the court may rule to revoke the registered trademark, unless the trademark owner provides a legal explanation. Trademark license is considered as the use of the trademark.

After the trademark is registered and continuously used for more than 5 years, the ownership of the owner cannot be questioned.

The Trademark Office and any other person may apply to the court for the revocation of improperly registered trademarks.

For more content, please refer to the ITDA website.

Introduction to Egyptian Trademark Office Fees

Pay Service	Amount (Egyptian Pound)
Apply for a regular trademark and designate a category of goods/services	50
For every additional category of goods/services added	25/item
Application for certification of trademark	100
Application for Review	100
Publicly accepted trademark applications	50
Trademark opposition	250
Register a regular trademark and specify a category of goods/services	60
For every additional category of goods/services added	+50/item
Registration Certificate Trademark	100
Publicly registered trademarks	50
Trademark renewal, specifying a category of goods/services	50
For every additional category of goods/services added	+25/item
Renewal fee to be paid within 6 months after expiration	200

For more charging items and specific regulations, please refer to the Implementation Regulations of the Intellectual Property Protection Law (P41). Part of the amount does not match the content of the ITDA website, and the final fee will be based on the explanation provided by the Egyptian official agency.