Capital: Beirut
Official Language: Arabic
Official Currency: Lebanese Pound
Population: Approximately 6.07 million

Trademark Law

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.

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.

Classification

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.).

What is Registrable as a Trademark

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

Registration Proceedings

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 legalised 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. 2 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.

Opposition Period

The nature of the Lebanese registration system is a deposit system; there is no opposition period during the registration process. Cancellation actions can be raised at competent courts after registration of a trademark.

Trademark Duration

A trademark registration is valid for 15 years from date of registration. It is renewable for periods of 15 years.

Trademark Application Fees

The official fees from filing through to registration of a straight-forward application are:
Trademark filing in one class: 275,000 LBP
Trademark publication in b/w in one class: 172,000 LBP (minimum)
Filing in each additional class: 275,000LBP
Publication in each additional class: 5,000 LBP (minimum)

Trademark Certificate issuance fees (irrespective of the number of classes): 100,000 LBP Extra publication for a mark publication in colours: 216,000 LBP.

1. Use for trademark registration
In Lebanon, use is not required for trademark registration.

2. Use for trademark renewal
In Lebanon, use is not required for trademark renewal.

3. Use in order to preserve rights in a trademark
Lebanese Trademark Law does not contain formal use requirements. There are no provisions for cancellation actions for non-use of registered trademarks. However, such actions should not be excluded: Recently, two court rulings have considered that a trademark is presumed abandoned if it has not been used for a long period of time. These rulings have not specified the length of such time period, yet it is worth noting that in the first case, the time period has exceeded ten years while in the second case, the trademark owner has formally decided to suspend all his activities in Lebanon. In both cases, the court did not cancel the marks but rejected the corresponding trademark infringement actions.

3.1 Burden of proof
The trademark owner will have to bring the proof of use of the mark.
3.2 Nature and extent of use
In the absence of clear legal provisions, it remains undecided which nature and extent of use will be sufficient to exclude the presumption of abandonment of the registered mark. Use of the mark in Lebanon in respect of some of the goods/services will most probably be sufficient to exclude a presumption of abandonment of the mark. Use by a licensee constitutes genuine use. The use of the mark should be serious, continuous and in the public to exclude the presumption of abandonment of the registered trademark.
3.3 Means of demonstrating use
Proof of use should be written, mainly invoices and public advertisements in Lebanon. Such material should explicitly refer to the mark and bear a date.
3.4 Circumstances and time periods for excusable non-use
Failure to use the trademark may be excused in the event of force majeure.

4. Further relevant aspects or legal provisions with regard to use of a trademark

None

Regular TM renewal time

A trademark may be renewed starting from 1 year preceding the expiry date.

Formal requirements for renewal

A power of attorney legalized by the Lebanese consulate and a scanned copy of the Trademark Certificate.

Publication of renewals

Yes.

Grace period for renewals

The grace period for renewals is 3 months from the expiration date of the trademark.

Additional fees during grace period
There is no additional fee for renewals during the grace period.

Proceeding after expiry of grace period
The trademark is automatically lapsed.

Notification of owner/agent of pending cancellation due to non-payment
The TMO does not notify the agent or the owner of pending cancellation.

Restoration of lapsed TM

The restoration of a lapsed trademark is not possible, but a new trademark may be filed.

Possibility of reregistration by 3rd parties after lapse
After the expiry of the 3 months grace period any third party can apply for the same trademark.

Trademark Licence Agreement

In Lebanon a licence agreement has to be in writing. Licensing of unregistered trademarks is not permitted. The sale of a registered trademark does not automatically terminate the licence. There are no statutory provisions prescribing the terms of a licence agreement.

Recordal

There are no provisions in the law for the recordal of a license. Recordal of a licence agreement at the

Trademark Office is recommended to be effective against third parties and to grant the licensee the legal authority to stop infringements by the competent courts in Lebanon; however, it is not mandatory.

The following documents are required for a recordal:
1. An original notarized Power of Attorney, duly legalized by the Lebanese Consulate.
2. An original notarized copy of the License Agreement, duly legalized by the Lebanese Consulate.

Effectiveness

A licence agreement becomes enforceable against third parties from the date of its registration at the Trademark Office and is published in the Official Gazette.

Infringement Proceedings

Trademark infringement is sanctioned by civil and criminal penalties. The licensee may join the trademark owner in infringement proceedings and may also call upon the owner to institute infringement proceedings.