TEIBESTY

 

A verdict  in favour of our clients pertinent a dispute over the ownership of a trademark in the cases Nos. 2724 and 425 for 61 J. (TEIBESTY).

 

Whereas, there was a dispute before the Administrative Court on the ownership of a trademark, used for pizza restaurants known by the name of TEIBESTY and a case was filed against one of our clients, Mr. Said Abdel Hafiz, owner of TEIBESTY Restaurant, located at Lebanon Square, and  this case was made by an ex-partner in the company, which owned the said restaurant.

 

The Claimant, the ex-partner , claimed his right in registering the mark and canceling its registration in the name of Mr. Said Abdel Hafiz. The report of the State Council's Commissioner was issued in favour of the claimant on the ground that there was an article in the exit contract that grants an ex-partner to use the trademark of TEIBESTY on the condition of adding his name to it.

 

The court decided to retain the case for judgment in the session of 16.5.2009, which decided that the trademark is a name created by  the owner of the commercial establishment to distinguish it from other establishments.

 

As for the trade name it is that name derived from the civil name of the establishment's owner, therefore the personal name constitutes a basic element in the formation of the trade name. If the trade name is registered in the commercial register and published, no other merchant can use this name in the type of trade, practiced by its owner.

 

Whereas, the Claimant did not submit any documents to prove the existence of his company before the existence of our client' company (the fourth defendant) and that the basis of protecting a trademark is the priority of using the mark, which is available in the mark, subject matter of objection.

 

For these reasons the court decided to accept the three cases in form and reject them with respect to the subject matter on the ground that in spite of the existence of a partnership contract between the claimant and the fourth Respondent, who exited from the company, and which the Respondent continued and practiced the same activity. And in spite of the agreement in the exit contract on the right of each partner to use the trademark with the addition of the owner's name thereof, yet there are partners other than the Fourth Respondent. The court concluded that the Fourth Respondent, Mr. Said Abdel Hafiz, has the right to register and own the TEIBESTY mark on the services of the restaurants.