The legal base:
Any person who wishes to use a trademark to distinguish goods, products or services may apply for its registration according to the applicable laws. Any person who registers a mark shall be deemed to its sole owner. The ownership of such a mark may not be disputed. The owner of a registered trademark may prevent others from using a similar or identical trademark, to distinguish products or services that are identical, similar or correlated for which the mark has been registered, in order not to confuse the consumers.
The exceptions:
- The law imposes a condition on the ownership of the trademark, which requires the owner to use it uninterruptedly for at least 5 years from the date of registration without an action being lodged against him ruling for its validity.
- Any concerned person may object to the registration of a mark or request from the court to striking off a trademark registered without any right. The Ministry shall strike off such registration if a final and enforceable judgment is submitted thereto in this regard
The non-entitlement here is not specified in the law texts but it can be seen from the judicial precedent.
” … the registration of the trademark is a presumption of the precedence of its use,and for those who may claim otherwise alleging that they were first to use before its registration have to prove their claims. Since that the ownership of the trademark is established for those who have previously used it, i.e., it is based on the Precedence of Use.”
Federal Supreme Court - Civil and Commercial Judgments - Appeal No. 16 of 2009 Judicial- Commercial Division
