Latest News: Feb 29, 2024 (Newsletter Issue 2/24)
New Trademark Regulations Implemented
Lebanon has recently enacted the new Budget Law No. 324, which introduces changes to the structure of intellectual property rights and the duration of trademark protection. These changes took effect on February 15, 2024.
According to Article 32 of the new law, the duration of trademarks protection has been shortened from 15 to 10 years. This change will only affect new trademarks registered after the promulgation of the law. Existing trademarks will maintain their 15-year term. Renewals for newly registered trademarks must be processed after a period of 10 years from the registration date.
In addition to this change, there has been a substantial increase in the official fees for filing, registration, renewal, and recordal of intellectual property rights.
Source: www.agip.com, www.sarkis-ip.com
Dec 01, 2022 (Newsletter Issue 17/22)IP Office Resumes OperationsThe Ministry of Economy & Trade has announced that the Intellectual Property Office (IPO) will resume its operations for all IP-related matters despite the strike in Lebanon's public sector. The IPO will prioritise the processing of already filed applications, renewals, and recordals with due dates.
As per memo No. 6754/2022 issued by the Ministry, the online filing system for trademark applications will be open every Wednesday. For urgent applications, applicants may submit a request to the IPO to expedite the procedure.
Source: JAH & Co. IP, Qatar and www.agip.com Jun 30, 2022 (Newsletter Issue 8/22)Official Arabic Translation of TM Application in Certain Cases Required The Ministry of Economy and Trade announced that trademark applications containing words/characters in languages other than Arabic, English or French must be accompanied by an official Arabic translation by a sworn translator reflecting the words constituting the trademark.
The new requirement was published in Memo No. 6/1/A.T. of 2022, which came into force on 10 May 2022.
Source: JAH & Co. IP, Qatar Sep 10, 2020 (Newsletter Issue 14/20)IP Office Current OperationsThe Lebanese IP Office at the Ministry of Economy and Trade has partially resumed its activities as of August 25, 2020, which were suspended as a result of the explosion in Beirut.
The IP Office started receiving patent and design applications, new trademark applications with priority claim, renewals, and annuities, and all recordal applications.
New trademark applications without priority claim will be filed exclusively online, and the examination of these applications will begin after the full resumption of the IP Office's activities. According to the Cabinet Law No. 185 of the Lebanese Cabinet of Ministers, adopted after the explosion, all deadlines which includes renewals, annuities, priorities, filing of documents, legal action, will remain officially extended until December 31, 2020.
Source: JAH & Co. IP, Qatar Aug 22, 2018 (Newsletter Issue 14/18)Procedures for Recordal of Assignments and Mergers RevisedThe Trademark Office in Lebanon informed on revised procedures related to the recordal of assignments and mergers.
All requests for recordal of assignments and mergers need now to be filed with the original certificate of registration as of June 29, 2019. Before a simple declaration attesting the recordal was sufficient.
Source: JAH & Co. IP, Qatar Apr 15, 2015 (Newsletter Issue 6/15)Legalisation of PoA NeededLebanon declared a revision of the power of attorney requirements on March 21, 2015. The memo, issued by the Ministry of Economy and Trade, stated that all power of attorney submissions for handling all intellectual property related cases after April 10, 2015 must be legalised by the Lebanese consulate. The Lebanese consulates abroad will provide legalisation services for documents. Applications filed prior to the aforementioned date will not be affected.
The new requirements will be effective on April 10, 2015 for local Lebanese clients. However, for all foreign companies (non-Lebanese) the requirements of the power of attorney legalisation up to a Lebanese consulate abroad will be effective on May 1, 2015.
Source: JAH & Co. IP, Qatar and Fady J. Sarkis, Lebanon Mar 12, 2013 (Newsletter Issue 3/13)New Trademark Filing SystemThe Ministry of Economics and Trade, the General Directorate of Economic and Trades, and the Intellectual Property Protection department - Trademarks Division, in attempt to develop the trademarks registration procedure, has adopted a new online filing system as of February 2013.
Accordingly, no more hard copies are required to be submitted in order to obtain a filing date and a filing number; however, the new system has added new requirements, which are identified below:
- Applicant details must be entered in Arabic characters and English characters;
- Applications should include Arabic transliteration of the trademark;
- Trademark name and design must be supplied as PDF file even if it is a word mark, and
- Full name and capacity of the signatory on the power of attorney (PoA) must be clearly indicated on the application.
The new system, which is available twenty four hours through the whole week allows for the Lebanese citizens, companies and local agents to file their trademark applications and check their status online, while the original documents should be filed at a later stage.
Source: NJQ & Associates and JAH & Co. IP, Doha, Qatar Sep 27, 2012 (Newsletter Issue 14/12)10th Edition of Nice ClassificationThe Lebanese Trademark Office has recently shifted its trademark classification system from the 9th edition to the 10th edition of the Nice International Classification for Goods and Services, which entered into force on January 1, 2012.
Source: JAH & Co. IP, Doha, Qatar, www.sabaip.com Legal basis is the Laws and Systems of the Commercial and Industrial Property in Lebanon Resolution No. 2385, issued on January 17th, 1924, amended by the Law of of 31 January 1946, Decree No. 245 of February 23rd, 1983, Law No. 152 / L R of July 19, 1939, Law No. 324 of 15th February 2024.
Lebanon is a member of
- Paris Convention for the Protection of Industrial Property.
- Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, London Act.
- Nice Agreement for the International Classification of Goods and Services.
Trademark protection is obtained by registration.
Nice classification, 11th edition
There are no restrictions regarding the coverage of a trademark to certain goods (as for example beers, alcoholic beverages, pork meat, etc.).
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names in distinctive forms, acronyms, letters, numbers, devices, emblems, colours, three-dimensional forms and any combination of the mentioned signs.
The following trademark types are registrable: commercial and industrial marks, service marks, collective marks
The application is filed at the Lebanese IP Protection Office.
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.
Foreign applicants need a local agent.
The power of attorney needs to be legalized by the Lebanese consulate.
Applications containing words/characters in languages other than Arabic, English or French must be accompanied by an official Arabic translation by a sworn translator.
The application process includes a formal examination, an examination of distinctiveness and as to whether it is contrary to the public order and morals or representing national or foreign decorations and an identical search for prior trademarks. However, the trademark office may not reject applications on relative grounds.
The processing time from first filing to registration or first office action is approx. 8 weeks. Once a trademark is accepted a payment order for registration and publication fees is issued.
The trademark is deemed registered upon returning the payment receipt to the Lebanese IP Protection Office. Accordingly, the applicant or agent receives the registration number and date of the trademark.
After registration, the trademark is published in the official gazette within a period of 3 to 4 months.
National:
The nature of the Lebanese registration system is a deposit system; there is no opposition period during the registration process. Cancellation actions can be filed before the competent courts after the contested trademark is registered and published.
Trademarks registered or renewed before 15 February 2024 remain valid for 15 years.
Trademarks registered or renewed on or after 15 February 2024 will be valid for 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fees from filing through to registration of a straight-forward application are:
Trademark filing in one class: 8.800.000 LBP
Trademark publication in b/w in one class: 6.500.000 LBP (minimum)
Filing in each additional class: 8.800.000 LBP
Publication in each additional class: 500.000 LBP (minimum)
Trademark Certificate issuance fees (irrespective of the number of classes): 4.600.000 LBP
Extra publication for a mark publication in colours: 3.900.000 LBP
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Mar 27, 2024
Fady Sarkis - Law Office, Beirut, Lebanon