TRADEMARK SUMMARY

Trademarks Law

 

Trademarks in Lebanon are protected by Laws and systems of the commercial and industrial property. Resolution No. 2385 issued on January 17, 1924 and amended by the Law of January 31, 1946.

 

Treaties & Conventions  

 

Lebanon is a member of Bern Convention, Brussels Convention (Signature), Madrid Agreement (Indications of Source), Nice Agreement, Paris Convention (PC), Patent Law Treaty (Signature), Rome Convention, WIPO Convention and WTO (observer).

 

Priority

 

If an applicant's home country is a member to the Paris Convention, the filing date of its home application can be claimed as priority date in Lebanon, and that within 6 months delay to be counted from said priority date. Late filing of the priority document is possible within 3 months from the registration date.

 

Classification

 

The International (Nice) Classification of Goods and Services (11th Edition) is applied. Multi-class trademark application is possible in Lebanon and an application can include goods and/or services in any number of classes, but a separate sum of official fees is to be paid for each class.

 

Registration Procedure & Time Frame

 

The Lebanese registration system is a deposit system. Therefore, once a trademark application is filed, it is examined on formal and absolute grounds. In addition, it is examined as to the existence of prior rights. In the case of the existence of a similar or identical registration falling within the same class, a Similarity Notice must be signed by the applicant as recognition of the conflict of existence. When the mark is accepted, the registrar awaits the decision of the Israeli Boycott Department to check whether or not the applicant is on the boycott list. A mark is considered registered after payment of the registration fee. Under normal circumstances, registration of a trademark is completed within two weeks; the corresponding registration certificate is issued within 2 weeks of the date of registration.

 

Opposition

There is no provision for opposing the registration of a trademark.

Validity

 

A trademark registration is valid for 15 years as from the registration date and renewable for similar periods. Renewal could be filed within the last year of the protection period. The Lebanese Trademark Law provides 3 months grace period for late renewal.

 

Use Requirements

The use of a trademark in Lebanon is not compulsory neither for maintaining trademark registration in force nor for renewal. Although, Prior-use constitutes the main criteria in determining proprietorship of a trademark, it is never considered as a pre-requisite for registration or even a requirement to maintain that registration valid and enforced in the future.

 

Cancellation

Non-use cancellation actions are not possible in Lebanon. However, a trademark registration may be subject to cancellation only through a court action filed by a Prior User within 5 years from filing date.

 

Assignment

 

In order to be effective against third parties, an assignment or merger transaction should be recorded in the trademark register at the Lebanese IP Protection Office. The assignment of a trademark is possible with or without the goodwill of the business concern. The recordal of assignment/merger must be made within a period of 3 months from the date of assignment/merger; otherwise, a late fine will be due.

 

Licensing

 

It is not compulsory to record the License under the Lebanese Trademark Law but could help in enforcement to demonstrate use of the mark.

TRADEMARK REQUIREMENTS

 

New Application

 

1- Power of Attorney duly notarized & consularized up to the Lebanese Consulate.

2- Copy of Priority document in English, if convention priority is claimed (Only certified).

3- The name, address and nationality of the applicant and the nature of its business.

4- A list of the goods/services to be covered by the application.

5- Soft copy of the trademark.

 

      Special Notes:

  • Late filing of POA is not possible.

  • Late filing of priority document is possible within 90 days as from application’s filing date.

  • Before proceeding with the execution and legalization of the Power of Attorney, and in order to check if we have a conflict of interest in representing the client, we need the name of the trademark and the device (if any), as well as the related classes of goods/services.

 

Renewal

1- Power of Attorney duly notarized & consularized up to the Lebanese Consulate.

2- The number and date of the trademark. 

Change of Name

1- POA in the new name of the applicant duly notarized & consularized up to the Lebanese Consulate.

2- A certified copy of the change of name issued by the home registry or a notarized attestation legalized up to the Lebanese Consulate.

3- The number and date of the trademark.

 

Change of Address

1- POA in the new address of the applicant duly notarized & consularized up to the Lebanese Consulate.

2- A notarized attestation legalized up to the Lebanese Consulate. 

3- The number and date of the trademark.

Assignment

1- Power of Attorney executed by the assignee duly notarized & consularized up to the Lebanese Consulate.

2- Deed of Assignment executed by both parties (Notarized & Consularized).

3- The name, nationality, address and business of the assignee. 

4- The original registration certificate of the trademark, which will be replaced by a new certificate issued in the name of the original owner with the details of the recordal listed as an endorsement.

Merger

 

1- POA executed by the new owner duly notarized & consularized up to the Lebanese Consulate.

2- Official Certificate proving the merger (Consularized). This certificate can be obtained from the local competent authority of the applicant’s domicile.

3- The original registration certificate of the trademark, which will be replaced by a new certificate issued in the name of the original owner with the details of the recordal listed as an endorsement.

License

 

1- Power of Attorney in the name of the licensee duly notarized & consularized up to the Lebanese Consulate.

2- License Agreement executed by both parties (Notarized & Consularized).

3- The name, nationality and address of the licensee. 

4- The number and date of the trademark.

 

Cancellation

1- A Specified Power of Attorney duly notarized & consularized up to the Lebanese Consulate.

2- The name, nationality and address of the applicant. 

3- The number and date of the trademark.

(Any document in a language other than English or French must be accompanied by a Certified English or French translation).

© 2016 Associated Patent & Trademark Services

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