Trademarks: Frequently Asked Questions

1: How long does it take to conduct a trademark search?

7 working days on average.

2: Does Egypt use the Nice international classification?

Yes.

3: Are there any goods or services for which the mark can not be registered?

No.

4: Can a trademark be registered in the name of more than one applicant ( i.e. joint application) ?

Yes.

5: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?

Yes, 6 months. Application details required to receive a filing date: particulars of the applicant and the mark. Class and specification of goods, as well as a copy of the mark to be protected.

6: Can one application cover more than one class of goods/services?

No.

7: May priority be claimed under the Paris Convention?

Yes.

8: What is the term of protection of a trademark? From what date is it calculated?

10 years from the date of filing.

9: Is marking compulsory and, if so, how should marking be made?

No.

10: In case a trademark is not renewed in due time, and another company registers the same trademark, can the original owner oppose the registration or not?

Yes, based on prior use.

11: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?

Depends on the mistake.

12: Is use required to obtain a registration and is proof of use required for maintaining the registration in force?

Use is not required to obtain a registration, but a registration is subject to cancellation by a third party if it has not been seriously used for a period of five years.

13: Is a registration subject to cancellation by a third party if the mark is not in use?

A registration is subject to cancellation if it has not been seriously used for a period of five years.

14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?

Yes.

15: Can the assignment of an application be recorded?

Yes.

16: Is recording a license agreement compulsory? What are the consequences of non-recordal?

Not compulsory, but recommended to put others on notice. No consequences to non-recordal.

17: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?

Yes.

18: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?

Yes, either is acceptable. US $ 1 is enough. No tax.

19: Can the trademark application be opposed and what is the opposition period?

Yes, two months from the date of publication in the official gazette