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• Dispute on the title of the trademark Harvest In A.R.E.

  • Our client, Harvest Foods company, specialized in the production of the preserved and canned foods, whose headquarters is located at 6th October City, A.R.E., suffered an infringement of its trademark by one of the competitive companies, a Saudi Company in the name of Mr. Said Ben Zaqar because the latter registered the mark Harvest, owned by our client company, to protect the preserved food products, stated in the category No.29, under No.97298.

    This motivated our client company to lodge a case against this company under No.2291 for 2001, Commercial South of Cairo, requesting the nullification of the mark registration No.97298, Harvest, pertinent to the competitor company, relying on Harvest Foods Company’s precedence in using this mark in the Egyptian markets in accordance with law No.82 for 2002, which stipulates in article 65 that “the one, who registers the mark, is deemed its owner when such is accompanied by its use during the five years following its registration, unless it is proved that priority of use has been for another. The one, preceding in use of the mark, is entitled to object to the registration of the mark during the said five years.

    However, it is permissible to object to the registration of the mark without being restrained by any period of time when such registration is accompanied by mala fide”. After hearing the case in the sessions, the verdict was issued in the session of 28.1.2006 to the effect of our right to the trademark Harvest 121190 at the Trademarks Department and cancellation of the mark 97298 and compelling the competitor company to pay the expenses. The Competitor Company appealed against this verdict under No.913 for 123 J and it was postponed for experts’ report to session of 18.6.2008, which was postponed to session o 8.7.2008. - Also, the Administrative Judicial Court (State Council) decided in session of 21.1.2006 in favor of Harvest Foods company in the case No.25942 for 58 J, filed by our client Harvest Foods Company against the Trademarks Department for the latter’s refusal to register the trademark No. 121190 on the ground of its contradiction with the mark No.97298, registered in the name of Mr. Said Ben Zaqar’s company, to accept the case in form and in subject matter to cancel the Department’s decision to reject the registration of the mark and to accept the registration of our mark No. Harvest 121190. This verdict was executed by the Department, which registered the mark Harvest in the name of our client company, noting that this verdict is in accord with the principal that priority of use in the markets is more important than registration priority.

• Dispute over the title of trademark SILA in A.R.E.

  • Whereas, a dispute has arisen between one of our client companies in A.R.E., (SILA for Food Oils), an Egyptian joint stock company), which is one of the biggest companies, that operates in the production and manufacturing of food oil, and one of the Egyptian companies (the Arab company for Import & Export), owned by Mr. Sherif Mokhtar, who is one of the biggest business men in A.R.E., because the latter registered the trademark SILA at the General Department for Trademarks under No.156/71.

    This is one of the marks, owned by our client company, and is known as a famous mark on all types of food oils. Accordingly, we lodged a case before the State Council (Administrative Judicial Court) under No.31764 for 60 J against the Minister of Trade & Industry, requesting the cancellation of this mark on the ground that SILA is the trade name of the company in addition to prior use of the mark in the Egyptian markets since several years and in application of the provisions of law No.82 for 2002. On 9.2.2008 a verdict was issued to cancel the registration of this mark. This verdict was carried out by the General Department for Trademarks and it become the property of SILA for Food Oils, an Egyptian joint stock company.