The current trademark regulations in Egypt are mainly based on the Intellectual Property Protection Law promulgated on July 2, 2002. The Trademark and Industrial Design Department of the Egyptian Ministry of Trade and Industry is responsible for managing trademark affairs, and the official language is Arabic. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The registration of trademarks in Egypt follows the principle of "application first".
Egypt is a signatory to international intellectual property treaties such as the Trademark Law Treaty, the Paris Convention, the Nice Agreement, the WIPO Convention, and the Nairobi Treaty. It is also a member of the Madrid Protocol and the Madrid Agreement, so trademark registration can be processed through either "single country registration" or "Madrid international registration".
At present, Egyptian trademark applications adopt the Nice Classification 11th edition for the description of goods and services, and accept applications for multiple categories in one form. The elements that can be registered as trademarks in Egypt include: text, name, graphics, three-dimensional identification, color combinations, slogans, etc.
If the applicant does not reside in Egypt, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Authorization letter for embassy authentication;
5.If priority is declared, priority proof documents must be provided and notarized.
The main process for applying for registration of an Egyptian trademark is: application acceptance examination announcement approval issuance.
The application will be accepted within about 2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and ™ Examination of whether there is a conflict with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The objection period is 60 days from the date of announcement, and any interested party or prior right holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Egypt takes 2-3 years; If there are any objections or rejections during the process, the time will be extended to 3-4 years.
The Egyptian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations; When applying for a trademark, it is known or should have been known that someone else has prior rights; The application for a trademark that is a well-known trademark of another person in a WTO member country may be invalidated.
2.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.