Trademark lawsuit

Trademark according to Law 82 of 2002

The Egyptian Law No. 82 of 2002 regulates the necessary procedures for registration and protection of trademarks, including the filing of the application, classification, examination, auditing, reviewing and objection, as well as the means of appealing the decision to reject the registration of the trademark and appearing before the competent grievance committee or the opposition committee through appeal initiated before the Administrative Court (State Council) or even before the Supreme Administrative Court – if necessary .

First

Easyway

A complaint is submitted to the Supply Police or the Supply Directorate located in the defendant's area

The Supply Police or the Supply Directorate verifies the validity and validity of the complaint by going to the defendant’s location to withdraw sample(s) of the counterfeit products to be submitted to the technical authority (the General Administration of Trademarks) and writing a technical report on the existence of a similarity between the complainant’s registered mark and the mark that distinguishes the samples taken from the plaintiff.

In the case of issuing a report by the General Department of Trademarks denoting that there is a similarity between the registered complainant’s trademark and the one labeling the products of the defendant, The Supply Police or the Supply Directorate sends the report and the minutes of seizure to the prosecution to file a trademark counterfeit lawsuit against the defendant.

After having the case referred to the competent court by the Public Prosecution, the case shall be deliberated before the Court. In the case of conviction, the Court shall most likely charge a fine and order the destruction of the false trademark, and shall further confiscate the products through seizure minutes and order compensation to the owner of the original trademark (temporary compensation). In some cases, the defendant may be sentenced to imprisonment or the facility thereof may else be subject to closure.

Note: – In the case of reoccurrence of the imitation event after having been proven by a final judgment, the imprisonment and the closure of the facility shall both be mandatory.

Second

Easyway

Civil Procedure for Proof of Trademark imitation (conservatory attachment orders on goods labeled with imitated trademarks).

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