Egypt is a party to the Madrid Agreement concerning international registration of trademarks (Act of Stockholm of 1967) as from March 6, 1975. The international classification of goods and services for the purpose of registration of marks is followed in Egypt.

Once a trademark application is filed, the trademark is examined as to its registrability. Should the mark lack any requirement as provided for in the law and its regulations, the application will be rejected by the examiner. The applicant may appeal such a rejection of its application within thirty days as from the date of receiving the relevant official notification.

Trademark applications approved by the Registrar are published in the Official Gazette. There is a three-month period from the date of publication during which any interested party may file an opposition notice. An opposition to the registration of a published trademark should be prosecuted by either a patent attorney or applicant before the Registrar. The opposition case is referred to the competent tribunal if not settled by the Registrar or if either party objects to the decision issued by the Registrar. In the absence of opposition, a published trademark is registered, and the relative certificate is issued.

A trademark registration is valid for ten years from the date of filing the trademark application. Thereafter, a trademark registration is renewable for periods of ten years each upon application and payment of the prescribed renewal fees. The Trademark Office serves a written notice to the registered owner of a trademark at his address as indicated in the register. The notice, which is served during the month following the expiry of the validity term, indicates the date on which the renewal fees should have been paid and calls for payment during the grace period. If the registrant fails to apply for renewal during the three months following the expiry of the stipulated protection period, the Trademark Office will ex officio cancel such registration, which will eventually be removed from the register.

The assignment of a trademark should be recorded, and unless it is published in the Official Gazette and entered in the records of the Trademark Office, an assignment shall not be effective vis-a-vis third parties. The assignment of a trademark must necessarily be along with the establishment of the business concern. Changes in the name and/or address of a registrant must be recorded. Use of trademarks in Egypt is not compulsory for filing applications for registration nor for maintaining trademark registrations in force. However, a trademark registration is vulnerable to cancellation on the strength of a court decision obtained to this effect by any interested party. A cancellation action relies basically on establishing sufficient grounds that the trademark in question has not actually been used seriously for a period of five consecutive years. A trademark registration is consequently canceled unless the owner proves that non-use of the trademark was for reasonable causes of which the court approves. The Trademark Office or any party concerned is entitled to demand cancellation of any trademark registered in bad faith.

Any infringement or unauthorized use of a registered trademark is punishable under the provisions of the current Trademark Law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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