HARVEST

A verdict in favour of one of  our client companies in the name of  HARVEST FOODS  (An Egypt joint stock company) versus a Saudi Company, Said Ben Zaqar and Partners, with respect to a dispute over the ownership of a trademark before the commercial court

Whereas, there was a court dispute between Harvest Foods company and a Saudi Company (Said Ben Zaqar & Partners) over the ownership of the trademark HARVEST in A.R.E, where our client company lodged the case No. 2291 / 2001, Commercial South of Cairo, in which it requested to nullify the registration of the mark HARVEST, registered under No. 97298, category 29 (Preserved Foods) and requested the registration of mark No.121190 in its name.

After deliberation of the case the court delegated an expert from the Ministry of justice.

The expert concluded his report by our Client Company's right (HARVEST FOODS) to register its mark No. 121190 (HARVEST) as well as to the necessity of canceling the mark registered in the name of the Saudi Company under No. 97298 (HARVEST) and the court decided that.

The Saudi Company appealed against the previous verdict and the court delegated another expert, who submitted a report of the same conclusions as the first expert.

HARVEST

After deliberation of the case before the court of appeal the court decided to retain the case for judgment in session of 18.5.2009.

The appeal verdict was issued to the effect that the one, who registers a trademark becomes its owner when this registration is accompanied by use during the five years following registration because use without registration is the only reference to decide who is the owner.

Whereas, the Respondent Company in the appeal case has the priority in using the mark HARVEST FOODS in a quiet, stable and continuous manner under the No. 121190 and that it has used  it as its trade name since 1999 and that was published in the media without challenge from the Claimant Company, therefore the court decides to reject the appeal and uphold the appealed verdict by accepting the registration of the mark HARVEST FOODS  and cancel the registration of the mark HARVEST, owned by the Saudi Company.