Trade Mark Law: No 57 of 1939

Article 1:
Trade Mark, in accordance with this law, shall mean names represented in a distinctive form , signatures, words, letters numerals, designs, signs, stamps, seals, labels, embossed designs , or any combination thereof, used or intended to be used on or in connection with goods for the purpose of indicating that such goods are the goods of the proprietor of a particular industry, agricultural , forest or mining venture or the products of any trade by virtue of the origin quality, selection, guarantee or dealing with such products, or indicating rendering a service.

Article 2: 
The Ministry of Commerce and Industry shall keep a Ledger which will be called “ The Register of Trade Marks “ . 

Article 3: 
The person registered a trade mark in his name is presumed to be the sole owner of the said trade mark. 

Article 4 : 
The following may register their trade marks: 

1. Any manufacturer, producer or merchant of Egyptian nationality. 

2. Any manufacturer, producer or merchant domiciled or having a place of business in Egypt. 

3. Any manufacturer, producer or merchant who is a subject of a country according Egypt reciprocal treatment , or who is domiciled or has a place of business in any of these countries. 

4. Associations of manufacturers , producers or merchants established in Egypt, or in any of the above countries, and having legal entity. 

5. Public administrations. 

Article 5: 
The following may not be registered as trade marks or parts thereof:

1. Marks having no distinctive character or such as are simply the description of a product or the picture or ordinary representation of such product.

2. Any phrase, design, or sign of an immoral character or contrary to public order.

3. Public crests, flags, or other emblems of the State or of countries according Egypt reciprocal treatment, or any imitation of heraldic device.

4. Official stamps or hall marks of such countries in cases where the marks are intended to be used to designate goods similar to those to which such stamps or hall marks apply.

5. Marks which are identical with or similar to , symbols of an exclusively religious character.

6. Marks which are identical with, or similar to, symbols of the Red Cross or red Crescent or any other emblem of the same character as well as all imitations of these symbols.

7. Geographical names, when the use of such names is likely to create uncertainly as to the source or origin of goods

8. The portrait of an individual or his armorial bearings, except with his consent.

9. Any statement that the goods have received honors or awards to which they are not entitled.

10. Marks likely to deceive the public or containing a false indication as to the origin or quality of the goods on which the mark is being used, or marks which contain the name of a fictitious firm, or which are imitated or counterfeit.

Article 6: 
Applications for the registration of a trademark shall be filed with the trademark Office in the manner and form laid down in the Executive Regulations.

Article 7: 
A mark can only be registered in respect of one class or more of the classes of goods and services set out in the Executive Regulations.

Article 8: 
When two or more persons apply simultaneously for registration of the same mark, or of marks which are nearly identical, for the same class of goods or services, registration will be refused until such time as one or other of these persons shall produce a certified renunciation by the other, or until a final judgment (in the Courts) is given in the matter.

Article 9: 
The Trade Mark registration Office may impose any restrictions or modifications which it deems fit for better determination and definition of the mark and also in order to avoid confusion with a mark already registered. 
In the event of refusal or conditional acceptance, the office shall notify the applicant, in writing of the grounds of its decision, together with the facts relating thereto. 
Should the applicant fail, within six months, to comply with the requirements of the office he will be considered to have abandoned his application.

Article 10: 
Within thirty days from the communication of such decision an appeal may be made to committee, appointed for this purpose by the Ministry of Commerce and Industry, composed of three members one of whom shall be member of the Advisory Section of State Council. The decision of this Committee shall be final, save in the case mentioned in article 11 of this Law.

Article 11: 
In the event of the refusal to register being confirmed by the Committee on the grounds that the mark is similar to a mark already registered for the same goods or for goods in the same class, registration shall only be allowed pursuant to a judgment given in favor of the applicant against the registered owner. 

Article 12: 
When a trade mark has been accepted the Trade Mark Office shall have the mark published in the manner prescribed in the regulations. 
Any concerned person may, within the period laid down in the regulations, file to the trade Mark Office a written notice of opposition against the registration of the mark stating the grounds of opposition. 
The Office shall serve a copy of the notice of opposition on the applicant who shall file his counter statement in writing within the period provided by the Regulations. Should no counter statement be received during this period the applicant shall be considered as abandoned his application.

Article 13: 
Before coming to decision, the Office shall hear both parties or either of them as demands a hearing. 
The Office will decide whether to accept or refuse the registration of the trade mark; in case of acceptance it may lay down such conditions as may be considered necessary. 
The decision of the Office regarding oppositions will be subject to appeal to the Courts of First Instance within a period of 10 days from the date on which the person concerned was notified of such decision. 
Should the office consider that an opposition against registration of a trade mark is frivolous, it may, by a reasoned decision, order the continuation of the formalities for registration without appeal to courts.

Article 14: 
The registered proprietor of a trade mark may at any time apply to the trade Mark Office requesting addition or alteration of the registered trade mark provided that such addition or modification do not affect the identity of the mark. Decisions given by the trade Mark Office in this respect will be subject to the same conditions and to the same right of appeal to the Committee as in the case of an original application.

Article 15: 
Registration will take effect from the date of application. 
Registration shall be published in the manner laid down in the Regulation hereto.

Article 16: 
On registration of a trade mark a certificate containing the following information shall be delivered to the proprietor:-

1. The serial number of the trade mark.

2. The date of both application and registration.

3. The style of the business or the surname and name of the proprietor, together with his address and nationality.

4. Representation of the mark.

5. Description of the goods that the mark is intended to cover.

Article 17: 
Any person may apply for extracts or certified copies of entries in the Register.

Article 18: 
A trade mark cannot be assigned, pledged or attached apart from the business or enterprise dealing with or producing the goods in respect of which the mark is registered.

Article 19: 
The transfer of a business includes, in the absence of agreement to the contrary, the assignment of trade marks registered in the name of the assignor, if such marks form an essential part of the said business. 
Should a business be transferred without its trade marks the assignor may, in the absence of agreement to the contrary, continue to manufacture or trade in the same goods as those for which the mark was registered.

Article 20: 
Transfers, pledges or permitted use of a mark to a third party shall, in order to be valid, be recorded in the register and published in the manner laid down in the regulations.

Article 21: 
Registration of a trade mark shall be for a period of 10 years, but the owner may apply, during the last year of that period, for renewal of the said registration for further period of 10 years and so on. 
During the month following the expiry of the period for which protection is granted, the Office shall send a notice, in writing, to the concerned person, at the address given in the register, that such period has elapsed. Should no application for renewal be made during the three months following the date of such expiry, the registration will be expunged by the Office.

Article 22: 
The Court may order the removal of a mark from the register on application of any interested party, on proof that no use has been made of the mark during five consecutive years, unless failure to use the marks can be justified by the proprietor.

Article 23: 
A mark removed from the Register cannot be re-registered in connection with the same goods, for the benefit of third party, until three years have elapsed from the date of removal.

Article 24: 
The fact of removal or renewal of registration shall be published in the manner laid down in the regulation.

Article 25: 
Without prejudice to the provisions of Article 3 of this Law, the Trade Mark Office, as well as any concerned party, may request the courts to remove any trade mark improperly registered. The Office will expunge such marks on receipt of a final judgment to that effect. 
The Court may, on the request of the trademark Office or of any concerned person, order the addition, removal or correction in the register of omission, improper entries or entries not in accordance with fact.

Article 26: 
The expression “Trade Description” means any description, statement or other indication direct or indirect:-

1. As to the number, quantity, measure, gauge or weight of any goods.

2. As to the place or country in which any goods were made or produced.

3. As to the mode of manufacturing or producing any goods.

4. As to the material of which any goods are composed.

5. As to the name or style of the producer or manufacturer.

6. As to any goods being the subject of an existing patent, privilege or copyright or of any privilege, awards or commercial and industrial distinctions.

7. As to the name or form under which certain goods are generally known or recognized.

Article 27: 
Any trade description affixed either directly to goods or on or inside shops, depots, sign-boards, packing, invoices, note paper, publicity matters, etc., wherein or whereby such goods are offered to the public, must correspond completely and absolutely with the true fact.

Article 28: 
Where goods are made or produced in one country and sold in another, the name and address of the seller shall not appear on or in connection with the goods, unless the name of the country or place where the goods were made or produced be also clearly and accurately shown on the goods. 
Where a district is reputed for making or producing of any goods, no person in the district dealing or trading in similar goods of another origin shall apply his trade mark to the goods unless he takes all precautions necessary to ensure that the application of the trade mark shall not deceive the public as to the origin of the goods.

Article 29: 
Where a manufacturer has his principal factory in one district, and orders goods to be made for him in another district, no mention shall be made on the goods of the district wherein the principal factory is situated, unless it is clearly stated that the goods were not made in that factory.

Article 30: 
Where a geographical name has become descriptive of the nature and quality of any goods and has ceased to indicate in a commercial sense the place of origin of the goods, such geographical name may be used in connection with such goods, with the exception however, of regional names of wine producing areas.

Article 31: 
The mention of medals, diplomas, rewards or other honorable dissections awarded either in exhibitions or competitions, or by sovereigns, States, Public Bodies, Literary Societies or Scientific Bodies may only be made by the recipients of such honors, or the successors in business of such recipients, in connection with the goods in respect whereof such distinctions were awarded. Holders of such distinctions shall state the exact date and nature of the awards and the exhibitions or competitions at which they were obtained. 
No participant in a general exhibition shall indicate ‘s on his goods that a distinction was awarded at any exhibition unless the origin and nature of the goods are clearly stated.

Article 32: 
When the quantity, measure, gauge, weight, origin or component parts of a product constitute an element of its value, a Ministerial Decree may prohibit the importation , sale, offer for sale or exhibition of such products unless one or more of the above details are indicated thereon. 
The mode in which such indications shall appear, or in default, the procedure to remedy the omission of such details, will be laid down by order. These indications must be written in Arabic.

Article 33: 
The following are liable to be imprisoned for a term not exceeding two years and to a fine of from L.E. 50 to L. E. 300 or to one only of those two penalties:

1. Persons counterfeiting a registered trade mark or imitating it in a manner to deceive the public and persons making fraudulent use of counterfeit or imitated trade mark.

2. Persons fraudulently affixing to their products a trade mark belonging to another person.

3. Persons knowingly selling, offering for sale or distribution, or retaining for the purpose of sale, products bearing a trade mark which is a counterfeit, imitated or wrongly applied.

Article 34: 
The following are liable to be imprisoned for a term not exceeding one year and to a fine of from L.E. 10 to L.E. 100 or to one only of these two penalties:

1. Persons committing a breach of the provisions of Articles 27 and 32 of this law.

2. Persons using an unregistered mark of the nature referred to in sub-articles b, c, d, f, I, j of Article 5.

3. Persons wrongfully indicating on their trade marks or business papers that their trader marks have been registered.

Article 35: 
The owner of a trade mark may at any time, even before the institution of civil or criminal proceedings, obtain of a court order at his instance, and on production of the official certificate of registration of the trade mark, take any necessary protective measures; particularly:

1. Preparing an inventory of machines, instrument and material for use or used in connection with the infringement, as well as any products or goods, signboards, packing, paper, etc., on which the alleged false trade mark or description appears. 
   Such inventory may also be effected at the time the goods are imported.

2. Seizure of the abovementioned objects and things provided that such seizure shall be made only if the Plaintiff provides sufficient indemnity estimated by the court to compensate the defendant if necessary. 
   The amount of indemnity deposit may be contested to according to the Code of Procedure. 
   The Court order may provide that the officer carrying it out be assisted by one or more experts and may order that the plaintiff shall give security. 
   The measures provided for in this Article shall, however, be null and void unless, within eight days, exclusive of delays due to distance, they are not followed up by legal proceedings, either civil or criminal, against the party concerned.

Article 36: 
In any civil or criminal action where damages are awarded or a fine is imposed, the Court may order the confiscation of the goods seized or that they be seized and their value deducted from the damages awarded or fines imposed, or may otherwise dispose of them as it may think fit. 
The Court may further order that its judgment be published in one or more newspapers at the expense of the party against which the judgment is given.

It may also order that the false marks and, if thought fit, any articles, packing, wrappers, signboards, catalogues, or other objects bearing such marks or false descriptions, together with articles used in connection with the imitation, be destroyed, even in case of acquittal.

Article 36bis: 
In case of recidivating into the crimes stipulated in Article 33 and 34 , the recidivist shall be imprisoned and the judgment shall be published and the factory or the business shall be closed for a period not less than 15 days and not exceeding six months. 

Article 37: 
When any person or association undertakes the supervision or examination of goods with regard to their origin, material, mode of manufacture, quality, accuracy or other characteristics thereof, such person or association may if the Ministry of commerce and Industry considers it advisable in the public interest, be permitted to register a mark as a trade mark which shall serve to certify that such supervision or examination has taken place. 
The registration of such mark shall be covered by the provisions of this Law, but any transfer of the mark shall only be made by permission of the said Ministry.

Article 38: 
In the regulations to be made , provisions shall be made to ensure suitable temporary protection for trade marks applied to products or goods taking part in industrial or agricultural exhibitions in Egypt in cases where such goods are already protected in their countries of origin, and even in cases where the goods come from a country with which no reciprocal agreement exists to this effect.

Article 39: 
Any trade mark already in use on the date of the coming into force of this law, which is registered in the course of the two years which follows, shall be considered , for the purpose of the application of Article 3, to have been registered from the date of the coming into force of this law. 
The delay of 10 years provided for in Article 21 shall begin from the date of application for registration.

Article 40: 
Regulations will be drawn up by the Minister of Commerce and Industry detailing the application of this law with regard to the following :

1. The organization of Trade Mark Registration.

2. The form, conditions and rules of all administrative procedure.

3. The classification for the purpose of registration of trade marks, of all products by categories according to their nature or kind.

4. The form and conditions under which notices shall be made to the public as prescribed in the law.

5. The fees to be taken for delivery of copies or certificates.

6. The scale of fees relating to various documents and entries in the Register and, if necessary, those payable in respect of the judicial proceedings provided for in this law.

Article 40bis: 
In the matters relating to the application of the present Act, the following officials shall have the capacity of judiciary officers:

1. The director, the deputy director and inspectors and their assistance of the Office of Trade Description Control

2. The head of the Offices of Commercial Registers.

3. The Technical Officials of the Ministry of Industry.

Article 41: 
Any Egyptian, or person domiciled in Egypt, any association formed or established in Egypt, or any public Administration, may claim to have applied in Egypt the provisions of any International ,Convention- to which Egypt is a party- governing industrial Property, when such provisions are more favorable than those contained in this law

1. The organization of the Patent office and the Office of Industrial designs and models and the keeping of the registers relative thereto.

2. The rules, conditions and times relative to administrative procedure.

3. The rules and conditions relative to the announcement referred to in this law.

4. The fees relative to the handing over of copies, certificates and to various duties and annotations.