Managing Partner | Attorney at Law
Litigation & Dispute Resolution / IP Commercial
Beijing / U.S
The official language is Arabic, and trademark registration is not mandatory.
Trademark Law
Legal basis is the Decree of October 9th, 1946 last amended October 7th, 1996. A new law, under No. 8 of 2007, was enacted in Syria for distinctive marks, geographical indications and industrial drawings and designs. The law entered into force on April 12, 2007 and its Implementing Regulations were issued on April 15th, 2007.
The Syrian Arab Republic is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 11th edition
A certificate of true origin of the product has to be submitted in case of trademark applications for many items in class 3 and for pharmaceutical products (class 5).
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations of colours, and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, collective marks, certification marks, trade names and titles of establishment.
The application is filed at the Directorate of Commercial & Industrial Property Protection (for Ministry of Interior Trade and Consumer Protection).
Single-class system for trademark applications is adopted in Syria, i.e. each class relating to the same trademark should be covered by a separate application.
Foreign applicants need a local agent.
A legalized power of attorney is necessary up to the Syrian consulates abroad. One legalized PoA can be used for continuous applications by obtaining and filing certified copies thereof. Power of attorney can be filed belatedly within non-extendable six months from the filing date at no extra fees. Local legalization of the power of attorney passes through preparing a certified Arabic translation by alocal certified translator, Ministry of Justice, Foreign Affairs Ministry and finally Ministry of Interior.
Foreign applicants do not necessarily need a domestic registration. A copy of the domestic trademark registration or any other foreign corresponding registration certificate reflecting the same class of goods and services should support the Syrian application. (The Registrar could request a certified copy thereof at a later stage).
The certificate of origin for pharmaceutical products in class 5 (see above) can be made out on the letterhead of the applicant company and needs to be authenticated by a consulate of the Syrian Arab Republic. Furthermore, a list of main ingredients has to be written on the same origin certificate.
The Syrian TMO accepts mentioning any ingredient. In case the ingredient or the composition of the pharmaceutical product is still not available, the applicant can mention any anticipated composition to be used further.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The Syrian Trademark Office has started as of September 2009 to waive boycott declaration request including applications filed under the new Intellectual Property Law No.8/2007 effective on April 12, 2007.
Accordingly, all foreign first-time applicants, who are not listed on the Boycott List, can file their applications in Syria without the need to provide the Boycott Declaration.
The processing time from first filing to registration is approx. 8 to 10 months.
First office action could take place within two months from the filing date.
After registration, the trademark is published in the Syrian Trademark Office Gazette.
The opposition period is 90 days from the date of publication in the Official Gazette; non-extendable.
A trademark registration is valid for 10 years from date of filing, renewable for periods of 10 years.
The official fee for the filing stage of the first trademark is SYP 5,000 and SYP 5,000 for each additional trademark. The official fee for the publication stage per trademark is SYP 200,000and SYP 225,000 for registration.
Use for trademark registration
In Syria, use is not required for trademark registration.
Use for trademark renewal
In Syria, use is not required for trademark renewal.
Use in order to preserve rights in a trademark
In Syria the trademark should be used within three years from its registration date. At the request of a third party the competent court is authorized to strike off the registration of a mark if it is proved that it has not been seriously used for three successive years as of registration date in relation to all the goods/services for which it is registered, or any part thereof; unless the owner of the mark justifies the reasons for non-use (i.e. the trademark is not cancelled automatically due to non-use.) The claimant is required to prove a legitimate interest in the cancellation of a trademark. Use by licensee is considered as a genuine use for the purpose of registration.
Burden of proof
The trademark owner or the licensee has to file evidence of use before the competent court which may prove it in anyway.
Nature and extent of use
Serious use is required in Syria with regard to all the goods/services for which the mark is registered, or a part thereof. The following in particular is considered as serious use of the mark:
It will not suffice to use a similar or a related trademark or a mark which is registered in a different class. The use should be continuous for three successive years.
The Article (8/D) of the Syria IP law No. 8/2007 provides that “The right to request striking off the registration of a mark shall lapse if a serious use of the mark was launched or resumption of such use was made during the time between the expiration of the term of three years specified in the first paragraph and the date of submission an application for striking off the registration of the mark but this initiation of use or use would not affect the right to request striking off the mark if done during the three months prior to the submission of the motion, after being informed of the possibility of submitting such a request”.
The cancellation decision is effective starting as of the date of the expiration of the time limit of three years stated above.
Means of demonstrating use
Use can be proven by means of photographs of products or product packages bearing the mark, labels, catalogues, price lists, invoices, advertisements, offering licenses and franchise to third parties, bills of lading, retail distribution, market promotion etc. which acceptance rests with the concerned authority.
Circumstances and time periods for excusable non-use
Non-use can be excused when the owner of the mark justifies the reasons for non-use such as customs regulations, security conditions, shipment restriction, force majeure and the like. Non- use is also excused during a period of three years from the registration date.
Further relevant aspects or legal provisions with regard to use of a trademark
None
International Registrations
All conditions and requirements of use regarding national trademarks apply to International Registrations designating Syria. The use of an International Registration is also excused for a period of three years from its granting date.
Regular TM renewal time
A trademark may be renewed during 12 months preceding the expiry date.
Formal requirements for renewal
A Power of Attorney legalized up to a Syrian Consulate abroad. Subsequent local legalization from the concerned authorities is required taking 2-3 months.
Publication of renewals
The renewal action is published in the Official Gazette.
Grace period for renewals
The grace period for renewals is 6 months after the expiration date of the trademark.
Additional fees during grace period
Late renewal official fees within the grace period is surcharged at SYP 5,000 per trademark. A separate renewal application is required for each class.
Proceeding after expiry of grace period
Once the grace period expires, the trademark enters the 3-year passive protection during which no other applicant can obtain its registration.
Notification of owner/agent of pending cancellation due to non-payment
No, but the cancellation of the trademarks due to non-renewal will be published in the Official Gazette.
Restoration of lapsed TM
A lapsed trademark cannot be restored.
A new application has to be filed.
Possibility of reregistration by 3rd parties after lapse
If a mark expires due to non-renewal, it may not be registered for the benefit of others for the same products or services or for similar products or services until 3 years have passed from the expiry date.
In Syria a licence agreement has to be in writing. Licensing of unregistered marks is not permitted. A trademark may be licensed for some or all of the goods/services in respect of which the trademark is registered. The sale of a registered trademark does not automatically terminate the licence.
There are statutory provisions prescribing the terms of a licence agreement:
There are provisions in law for the recordal of a licensee. Recordal is not mandatory. The licence recordal should be filed at the Syrian Registry within three months from the effective date of the agreement. Thereafter a fine is payable for every two-month delay in recording the licence. There is no prescribed form or content for the validity of a licence agreement. Sub-license is acceptable.
The following documents are required for a recordal:
The licence agreement becomes effective and enforceable against third parties upon its recordal date and is publishedin the Official Trademark Gazette in the month of recordal.
There is an evidentiary presumption that use of a recorded licensee is permitted use. According to the license agreement, the licensee may join the trademark owner in infringement proceedings and may also call upon the owner to institute infringement proceedings. He may institute proceedings in his own name if the proprietor refuses or neglects to do so in the event that the licensee is authorised by the licence contract to institute proceedings. The licensee does not need to cite the trademark owner as co-defendant in any such proceedings.
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