Procedures for Trademark Registration in the Arab Republic of Egypt.

The concept of a trademark is not new; it has existed since ancient times. It was used in antiquity to distinguish industries and indicate the source of goods, with manufacturers and merchants placing their names and seals on their products to differentiate them. With significant economic and commercial development and the increasing creativity and innovation in trademarks, the importance of using trademarks has grown considerably due to increasing competition among companies, especially after the emergence of globalization, which established the principle of free foreign trade.

The trademark has become the product's identification card, expressing its identity.

The importance of a trademark lies in its role as a guarantee for both the product and the consumer. It prevents confusion between identical products by distinguishing one product from another with a different trademark. It also serves as a guarantee for the consumer, enhancing trust in the products of a specific project over similar products from others through reliable and high-quality trademarks.

 Furthermore, it is a means of promotion and advertising for goods and services, as the merchant, manufacturer, or service provider advertises their goods or services through an innovative and distinctive mark that sticks in the consumer's mind, leading consumers to purchase goods or obtain services bearing a specific trademark known for its particular qualities.

Thanks to advanced technology in local and global markets, competition among companies and commercial projects has increased, and reliance on intangible assets has become fundamental.

Attention to the intellectual property portfolio, especially trademarks, has become a priority for business owners. It is considered one of the modern and effective means of valuation for major companies today and a way to determine the size and strength of companies in commercial markets. Hence, trademarks, as intangible assets, have come to exceed the original value of tangible assets, making them a primary factor in the success of companies.

Consequently, it has become necessary to effectively and legally register and protect trademarks through the competent authority for registration and protection within the Arab Republic of Egypt, which is the "Central Administration for Trademarks, Geographical Indications, and Industrial Designs." This administration is responsible for registering trademarks, granting them legal protection, and safeguarding them from infringement by others.

It is worth mentioning that the Trademarks Department was established in 1940 and operated under the provisions of Law No. 57 of 1939, then under the provisions of Law No. 82 of 2002, Book Two, Chapter One. It is a single central administration in the Arab Republic of Egypt responsible for registering and granting protection to trademarks and is affiliated with the Internal Trade Development Authority.

We deemed it appropriate to address the basic procedures for trademark registration in the Arab Republic of Egypt in the first issue of our magazine, as it is a matter of interest to many. We will take successive steps to delve deeper into the realm of trademarks in future issues of the magazine.

The procedures for trademark registration involve basic stages that can be summarized as follows:

1- Filing Stage:

 * The applicant submits a request to the Central Administration for Trademarks to register their trademark using the form prepared by the administration. The request must be accompanied by four identical copies of the mark submitted with the application in a suitable size (preferably 10cm * 10cm).

 * The data in the trademark registration application is completed with the assistance of the reception department. The applicant must specify the goods or services for which trademark protection is sought, and this specification is classified according to the Nice Classification of Goods and Services, an international classification prepared to facilitate the search, examination, and international registration of trademarks.

   "It is worth noting that the Nice International Classification is managed by the International Bureau of the World Intellectual Property Organization (WIPO). The classification consists of a set of classes with explanatory notes comprising 34 classes for goods and 11 classes for services. Each class consists of a heading, and the class headings are general indications relating to the fields to Procedures for Trademark Registration in the Arab Republic of Egypt.

which the goods or services principally belong. Therefore, the alphabetical list should be studied to achieve the accurate classification of each individual good or service. Applicants are advised to classify their list of goods and services in the trademark registration application according to the Nice Classification of Goods and Services."

 * The registration application may include one or more classes from the list of goods and services. The concerned party submits the trademark registration themselves or through a representative by virtue of a specific power of attorney explicitly mentioning dealing with trademark registration procedures.

2- Examination Stage:

After the filing stage, the examination stage follows, where a decision is made regarding the application. The examination is carried out from two aspects:

 * First: Formal Aspect:

   * To verify the identity of the applicant and to ensure that all required documents have been completed and submitted within the legal deadlines.

 * Second: Technical or Substantive Aspect:

   * The examiner ensures that the submitted mark meets the necessary conditions for valid registration and confirms that the mark does not contain any of the grounds for non-registration according to the law (Article 67 of Law No. 82 of 2002), such as the mark being devoid of distinctive character or violating public order or morality, among other registration obstacles.

   * A thorough search of local and international databases is conducted to ensure that there is no identical or similar prior filed or registered mark to the submitted application, which determines the acceptance or rejection of the application (as the decision is based on the priority of filing according to the law).

   * The examiner also uses other tools to assist in the thorough examination of the submitted application, such as reliable internet sites for translation, dictionaries, and lexicons.

   The result of the examination is either acceptance, rejection, or (conditional acceptance). In the latter case, the administration may impose conditions and amendments it deems necessary to clarify the mark and avoid confusion with another previously filed or registered mark. In all cases, the decision is issued and sent to the applicant by mail.

3- Appeal Stage:

This is a stage that can be resorted to if the trademark registration is rejected or if there are conditions that the applicant – from their point of view – deems inappropriate. The reasoned decision of rejection or the amendments are sent to the applicant, who has the right to appeal the decision within thirty days from the date of receipt. The appeal against the decision is made before a committee composed of three members, one of whom is a member of the State Council. The applicant has the right to present defenses and all evidence supporting their position before this committee. The outcome is either acceptance of the mark and proceeding with its registration procedures or rejection of the mark and upholding the administration's decision.

4- Publication Stage:

After the mark is accepted and the publication fees are paid, the trademark is published for 60 days in the Official Trademark Gazette, which is published on the website of the Internal Trade Development Authority.

During the publication

period, any interested party has the right to object to the acceptance of the trademark registration. This objection must be reasoned, and the applicant is notified accordingly. There is a committee to decide on the objection, and the outcome is either acceptance of the objection and rejection of the trademark registration or rejection of the submitted objection and acceptance of the trademark registration, proceeding with the registration procedures.

5- Registration Stage:

After the opposition period expires without any objections being filed, or if objections have been filed and the opposition committee issues a decision rejecting them and accepting the registration of the mark, the trademark owner or their representative pays the registration fees. The trademark is then registered, and the applicant receives a trademark registration certificate. The legal protection for the registration extends for ten years from the date of filing the application and can be renewed for an unlimited number of times, provided that the renewal fees are paid within the legal deadlines.

With this, I conclude my article, hoping that it represents a step towards delving deeper into the field of trademarks, and until we meet again to continue the journey in future issues.