Restoration of a trademark policy (upon lapse of mark)



In accordance with Egyptian Trademark Law, trademark registrations are valid for ten years from the date of filing the trademark application and may be renewed every ten years without limitations. To keep the trademark valid, the applicant must file a renewal application and pay the prescribed renewal fees before Egyptian Trademark Office any time within the last year of the protection period.

Nevertheless, if the application is not renewed within the stipulated timeframe, there is a six month grace period, during which the application may be renewed against a surcharge. If the mark is not renewed within the grace period, it shall be cancelled.

However, a cancelled mark may be re-registered by the same proprietor within three years from the last renewal date against payment of a fine. Article 92 of the Intellectual Property Law 82 of 2002 grants the trademark a six month renewal grace period and another 30 months for the restoration of the trademark. During this time, the trademark is considered valid against any other trademark until the end of grace period. Accordingly, it may appear as a cited trademark in Registrar’s rejection decision to another identical trademark filed by the same owner or a third party.

For more information please contact our Trademarks Department trademarks@eldib.com
Posted in .