Egypt is a party to the Madrid Protocol Concerning the International Registration of Marks. The international classification of goods and services for the purpose of the registration of marks (Nice Classification) is followed in Egypt, and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002.
Once a trademark application is filed, the trademark is examined as to its registrability. Applications filed in classes 02, 05, 08, 13, 14, 15, 23, 24, 25, 27, 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45 can claim all the goods the classes cover, whereas the remaining classes must omit at least one good. Should the application lack any requirement as provided for in the law and its regulations, the examiner will reject the application. The applicant may appeal such a rejection within thirty days from the date of receiving the relevant official notification.
Trademark applications approved by the Registrar are published in the Official Gazette. There is a two-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 may be prosecuted by either a trademark attorney or an 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 registration 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 upon application and payment of the prescribed renewal fees. The Trademark Office serves a written notice to the registered owner of a trademark at the address noted 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 six month grace period 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 with the Trademark Office. Unless it is published in the Official Gazette and entered in the records of the Trademark Office, an assignment shall not be effective vis-à-vis third parties. A trademark may be assigned with or without the establishment associated with that mark. 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 or for maintaining trademark registrations in force. However, a trademark registration is vulnerable to cancellation for lack of use by a third party through a court proceeding. A cancellation action relies on establishing sufficient grounds that the trademark in question has not been used seriously for a period of five consecutive years. A trademark registration will be canceled unless the owner proves that non-use of the trademark was for reasonable cause of which the court approves. The Trademark Office or any concerned party 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