Reasons for rejection of trademarks and grievance procedures

Cases in which the application for registration of the trademark is rejected

1- Marks that are devoid of any distinguishing characteristic or that consist of signs or data that are nothing but the name given by custom to products, or their regular drawing or images.
2- Identical and similar trademarks with previously registered trademarks on the same product or service statement.
3- Marks that violate public order or public morals.
4- Public emblems, flags and other symbols of the state, other countries, regional or international organizations, as well as any imitation thereof.
5- Marks identical or similar to symbols of a religious nature.
6- The symbols of the red cross or the red crescent or other similar symbols, as well as the signs that imitate them.
7- Pictures or logos of others unless he agrees to their use.
8- Information about honors degrees that the applicant does not prove that he has obtained them.
9- Geographical signs and indications that may mislead or confuse the public, or that contain false statements about the source of products or services or about their other characteristics, as well as marks that contain a fake or forged trade name statement.

Grievance against the decision to reject the trademark registration application:

The applicant may file a grievance against the authority’s decision to reject the trademark registration application within 30 days from the date of his notification thereof. The grievances are heard by one or more committees formed by a decision of the competent minister, consisting of three members, one of whom is a member of the State Council. The executive regulations of the law determine the rules for forming the committee and the procedures for submitting grievances, examining them and deciding on them. The decision of the Grievance Committee rejecting the trademark registration application may be appealed Before the competent administrative court in accordance with the procedures and dates stipulated by the State Council Law ( 60 days from the date of receiving the decision )  

The difference between a trademark and a commercial register

Many people believe that owning a commercial registry gives them the right to use the name of their company or product without others, and this is a misconception Where we explain the difference between commercial registration and trademark:- The commercial register is either the name of the company or the person. While the trademark is everything that distinguishes a product, commodity or service from others, or the name of the company. Commercial Registry The trade name is not protected from imitation, as it is possible to make the same name within another registry department or change the type of company from a partnership to a sole proprietorship to a simple recommendation and so on with the same name and it is not possible to complain or sue others or keep the name without the others. While a trademark is a registered trademark, it is protected from congruence and similarity, and third parties may complain and demand the closure of the facility and compensation in the event of damages.

Local registration inside the Arab Republic of Egypt and international registration outside the Arab Republic of Egypt

Unfortunately, the protections you have as a trademark owner in your country do not apply to other countries. Trademarks are considered on a country-by-country basis. Example: If your brand has arrived in another country, whether you manufacture goods in China and sell in Brazil, you may want to consider learning how to protect your brand internationally. Because the rights are more likely to be granted to the first person to register your mark in that country, regardless of how they plan to use it. Without international trademark protection, you may have few remedies against counterfeiters, and eventually expanding into new global territories may be difficult. The process of filing for trademark protection in other countries is not as difficult as it seems, in most cases. Although there is no single application that grants you trademark rights in every country, a treaty called the Madrid Protocol has made the process much easier. If you wish to register with one – or more – of the 110 member countries, you can simply fill out one application in one language. While simplifying the process, the Madrid Protocol does not guarantee that any request will be approved. Each country will review your application and decide whether to approve it. It is important to note that not every country is bound by the Madrid Protocol, to register in a non-member country you will need to do so through the specific Trademark Office.
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