Trademark and Intellectual Property Rights
A trademark is a design, image, or similar to them that has different and distinctive forms so that the company’s products have a distinction and difference from other products of other companies present in the local or global market.
The trademark is one of the most important and valuable assets of the company, as it represents the company in dealing with its customers, and the company is often referred by its trademark because it is the company’s logo that distinguishes it from the rest of the companies.
It is important that when a company wants to register its own trademark to choose a trademark, that is, not registered in the name of another company, by checking the trademark register of the Ministry of Internal Trade and Industry.
The Egyptian law and the intellectual property
The legislator has stipulated in the Egyptian Law the protection of trademarks owned by the company for the Protection of Intellectual Property, for the owner of the world-famous trademark to has the right to enjoy the protection prescribed in this law, even if in the Arab Republic of Egypt not register.
The registration department shall reject any applications that include a mark identical to any well-known mark that includes the use of the mark to distinguish products similar to the products that the well-known mark uses to distinguish its products unless the applicant submits the well-known mark.
The registration applications that focus on products that are not similar to the products that the well-known mark use to distinguish them if register the well-known mark in one of the member states of the World Trade Organization and the Arab Republic of Egypt.
And the use of the mark on products that are not similar would lead others to believe there is a link between the owner of the well-known mark and those products, and that such use may cause harm to the owner of the well-known mark.
Guarantee the registration of the trademark
The registration of the trademark also guarantees its owner protection, as it guarantees a right to use it or authorize another person to use it for a certain amount. In a broader sense, Trademarks help advance entrepreneurship globally by rewarding trademarks owners with recognition and financial benefits.
Trademark protection also constitutes a barrier to prevent unfair competition, such as counterfeiting, to use the same distinctive signs to market different or lower quality goods or services.
The system enables skilled and proactive people to produce market goods and services in as fair conditions as possible, facilitating international trade.
The needed documents for the registration of the trademarks
- The name, address, nationality, and profession of the applying person, and in the case that the applying is a company, the name, address, nationality, and the purpose is needed and a copy of the commercial register or the national ID of the applying person in the case that the commercial register is not present.
- Register 5 copies of the mark as used in the market, taking into account the clear Arabization of any foreign letters in the mark, provided that the Arabic language in the mark is greater than the foreign language, only if the applicant is of Egyptian nationality.
- A detailed report of the goods or services on which the mark will be on to place the mark in the correct category or categories, according to the International Classification of Goods and Services (the International Classification is a classification of goods and services for 45 classes)
- An official power of attorney authenticated by the applicant for registration to represent before the competent authorities for the registration of trademarks, provided that the legal power of attorney is incapacity. (with the signature of the person who has the right to sign in his capacity as the company applying in case the applicant is a company)
Trademark registration procedures
The trademark registration process goes through four basic stages:
The first stage is the deposit stage:
The documents required to apply for a trademark are:
- Fill out the deposit application specially prepared by the Ministry of Commerce and Industry for this purpose
- Attach 5 photos of the mark
- Attach the license of the company or institution
- After preparing the filing file, submit it to the Ministry of Commerce and Industry, and obtain the filing number due to the importance of the review, as well as keeping the date of the application for its importance in priority.
The second stage is the technical examination stage:
It is the responsibility of the Ministry of Commerce and Industry, specifically the Commercial Registration Authority, Through it, the Ministry of Commerce searches whether the submitted mark is similar or imitated to another mark that was previously registered or filed on the date of applying the mark.
The Ministry has programs equipped to examine this very carefully. After the technical examination examines the mark, one of the following three decisions made:
- Either agree to the mark unconditionally.
- Or accept the mark on condition.
- Or reject the mark.
In the last two cases, the law allows the trademark owner to file a grievance against the decision of the Technical Inspection Department at the Ministry of Commerce and Industry.
The third stage is the publication stage:
After informing the owner of the mark the approval, he must publish the mark on three gazettes, First, the official gazette. The second and third are two local gazettes published in Arabic
The purpose of the publication is to inform others that will register this deposited mark, and whoever has an objection to this should submit it to the Ministry of Commerce and Industry within a month from the date of the last publication
We can say that the objective of the technical examination is to protect the trademarks registered with the Ministry of Commerce and Industry. The publication aims to protect the trademarks that are actually used in the markets, but their owners did not submit their registration with the competent authority.
The fourth stage is the registration stage:
This stage begins after the end of the month specified for the objection of the mark. If no one files an objection to the registration of the mark with the Ministry of Commerce and Industry, Issuance a certificate to the person concerned, including all the data of the institution or company.
As well as a copy of the mark, and grant the owner of the mark a period of protection of ten years from the date of filing the mark, and the owner of the mark receives the certificate and keeps it in his institution and uses it when importing and exporting and with all concerned parties.
In addition to considering it a title deed that prevents others from even thinking about its imitation or forgery.
Who has the right to register a trademark?
Every owner has the right to apply for trademark registration, whether he is a natural person, an institution, or a company, whether a citizen or a non-citizen, One application per category
Submit Applications for registration to the Ministry of Commerce and Industry on the form prepared for this, but note that made one application for each category of products. Registration requirements related to intellectual property in Egypt trademarks, patents, and industrial models
The Importance of trademark registration
- The trademark is the product’s identification card.
- A trademark is an appropriate means of protecting products bearing the mark from imitation.
- The brand enhances the position of the enterprise in relation to competitors.
- A brand helps the brand become popular over time.
- The brand helps the consumer to identify the source of the product.
- A trademark is a means of distinguishing between products of similar goods and services.
How Mohamed Nasser Law Firm Can Help?
Mohamed Nasser’s office can assist your company in registering your trademark to enhance the position of your company’s mark in relation to the market and competitors, and for your company to have the right to enjoy protection for its products or ideas.