Trade and Service Marks

– Intellectual Property Rights Law No. 82 of June 2, 2002, and Implementing Regulations of August 17, 2003.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since July 1, 1951.
– Madrid Agreement Concerning the International Registration of Marks, Stockholm Act, since July 1, 1952.
– Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, Lisbon Act, since July 1, 1952.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 21, 1975.
– WTO’s TRIPS Agreement, since June 30, 1995.
– Trademark Law Treaty, since October 7, 1999.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, since June 18, 2005.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since September 3, 2009.

Filing

Applicant: associations, companies, firms or public bodies and any trader, manufacturer or merchant of Egyptian nationality, or having a place of business in Egypt.

Foreigners and nationals not living in the country: subjects of a country granting Egypt reciprocal treatment; subjects domiciled or having a place of business in such a country.

Trademarks of foreigners: registrable.

Kinds of protection: (1) Conventional protection of ordinary trademarks; (2) temporary protection for exhibitions and fairs; (3) supervision or examination marks.

Marks for services: registrable.

Novelty: required.

Not registrable: non-distinctive marks; marks contrary to morals or public order; marks identical or similar to symbols of an exclusively religious character or of the Red Cross or Red Crescent; geographical names that may mislead the public.

National flags: non-registrable. Public crests, emblems, official stamps or hall marks cannot be registered either.

Names or portraits: non-registrable, unless with the consent of the person concerned.

Well-known marks: the Registrar shall not accept the filings of marks identical to famous marks for similar goods and services. The preceding provision shall apply to applications intended for products which are not identical to a well-known mark, where the well-known mark is registered in any country being member of the WTO and/or in Egypt. 

Three-dimensional marks: not acceptable; should be filed as a design application. 

Association marks: registrable.

Collective and certification marks: registrable.

Color trademarks: acceptable.

Geographical names: registration possible.

Priorities: according to Paris Convention.

Classification: international (11th Edition).

Multi-class applications: the law permits multi-class applications, however, it is not recommended due to the fact that the delay of registration in one class will delay registration in other classes, which is why this type of filing is rarely adopted in Egypt.

Territory covered: Egypt.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, legalized up to an Egyptian Consulate;
2. 10 specimens of the mark;
3. List of goods in English, classified if possible, according to the International Classification;
4. A copy of the priority document (if priority is claimed), certified by a governmental authority
5. A copy of the Certificate of Incorporation, legalized up to an Egyptian Consulate.

Note: late filing of above documents 1 and 4 is possible, for an extra charge of U.S.$ 40, within six months from the filing date; no extension of time.

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures).

For a transfer of ownership/recordal of license:
1. Legalized power of attorney from the assignee or licensee;
2. Legalized deed of assignment or license;
3. Legalized extract from the Commercial Register or a Certificate of Incorporation of the assignee or licensee.

For a change of name or address:
1. Legalized power of attorney in the new name/address;
2. Official certificate attesting such a change of name or address, legalized up to an Egyptian Consulate.

Examination

Amendment of application: at any time provided the amendment does not affect the identity of the mark.

Examination: formal and anteriorities (pre-examination system).

Opposition: opposition and the reasons therefor can be filed within sixty days from the date of publication of acceptance in the Trade Mark Journal.

Disclaimers: not available. 

Letters of consent: not accepted.

Disputes about ownership: court action, provided that such action is effected within five years from the date of the registration of the mark.

Application kept secret: not possible; open to public inspection by indices after filing.

Appeal: an appeal against a decision of the Trademark Office may be filed to the appeal committee within thirty days. Appeal against opposition proceedings may be made to the court.

Urgent registration: not provided for.

Provisional registration: only for exhibitions and fairs.

Publication: appears in the Trade Mark Journal after acceptance.

Correction of registration: by court action.

Registration and Modifications

Delivery of document: registration certificate usually delivered within two years after filing in paper format.

Beginning of protection: from the date of filing.

Kind of property: established rights of ownership are undisputable after five years of uninterrupted use from the date of registration.

Duration – extension: ten years, renewable indefinitely.

Renewal: every ten years.

Latest term for renewal: during the last year of protection.

Grace period for renewal: six months with fine.

User rights: personal and cannot be assigned.

Use: not compulsory but advisable. Non-use for five consecutive years from the registration date, without justified reasons, may cause the mark to be cancelled by a court order on the request of any interested party. Is considered valid use of a mark: affixing the mark to the product or to its packaging; on commercial materials (invoices, stationery); at exhibitions and fairs held in Egypt; use by a licensee (license should be recorded with the Trademark Office.

Marking of registered goods: not compulsory.

Modification of the mark: permissible at any time, provided that such modification does not affect the identity of the mark.

Changes in the list of goods: restriction of the list of goods may be made but additions are not allowed unless a new application is filed.

Assignment: ownership of the trademark can be transferred with or without the business and must be recorded with the Trademark Office.

Licenses: provided for, and must be recorded with the Trademark Office.

Protection

Rights of prior user: by court action within five years from the date of registration.

Opposition to registered marks: by court action.

Incontestability: a registered trademark having been used during five years without interruption becomes incontestable.

Compulsory licenses: none.

Expropriation: not provided for.

Nullification: by court action within five years from the date of registration.

Validation and restoration of invalidated marks: by filing new application.

Re-filing of identical marks: a mark removed from the Register cannot be re-registered in connection with the same goods, for the benefit of a third party, until three years have elapsed from the date of the removal.

Infringement and penalties: court action involving seizure of the infringing goods under penalty of imprisonment and/or fine.