The distinction between a trade emblem (commercial designation) and a trade name is one of the recurring questions in the investment sector because of the rights associated with each and their role as elements of a business entity’s legal identity.

In its judgment issued in Appeal No. 100 of Judicial Year 67, dated December 11, 1997, the Court of Cassation of Egypt held that a trade emblem is a designation created by the owner of an establishment to distinguish it from others, whereas a trade name must include, among its elements, the name of the establishment’s owner in accordance with the provisions of Law No. 55 of 1955 concerning trade names.

Accordingly, the dividing line between the two is whether the designation contains an original, distinctive element, in which case it is considered a special trade emblem, or whether it is derived from the surname of the establishment’s owner, in which case it is considered a trade name rather than a trade emblem.

Therefore, the owner of a trade name derived from the owner’s surname cannot prevent another person who shares the same surname, or one that is similar, from using it. The only requirement is that the latter add a distinguishing element sufficient to prevent consumers from confusing the two establishments, particularly if they operate within the same registration jurisdiction.