The IP laws in Lebanon are based on the law promulgated per the resolution No.2385 of 1924 relating to the “System of Commercial & Industrial Property Rights,” the law No.240 of 2000 relating to “Patents” the law No.75 of 1999 relating to “The Protection of Literary and Artistic Property” reference is also made to Articles 701 to 721 of the Lebanese Penal Law of 1943.
Lebanon is also a member of the Madrid Agreement of 1891, Industrial Property Agreement of 1955 with the Federal Republic of Germany, Nice Agreement of 1957 regarding the International classification of goods and services on which the marks are used and the law No.575 of 1996 authorizing the government to conclude Rome International Agreement of 1961 for the protection of Artists.
Documents needed for filing a trade / service mark?
• A Power of Attorney, simply signed.
• A certified copy of home registration certificate or application only when claiming priority; provided it is filed within three months as from the filing date.
• A printing block not exceeding 10cm x 10cm.
Who can apply for the registration of a trade / service mark?
Any person or body corporate can apply to obtain a registration of a trade / service mark.
How is a trademark application processed?
The application is examined as to abidance by public order or morals. The mark should not also be representing national or foreign decorations. Once accepted, the mark is published in the official gazette. The registration of the mark becomes in effect on publication.
Can a mark be vulnerable to cancellation?
Any interested party can start legal proceedings for the cancellation of a mark during the protection term on the ground of improper registration or lack of distinctiveness.
Protection term
Fifteen years counted as from the date of filing the application. The registration is renewable for similar periods. The renewal application should be filed within three months after the expiry date.
Use of a mark
The use of a mark is not compulsory to file an application or to maintain the registration thereof in force. The party that has used a mark prior to the date of filing an application for registration may, within five years from the filing date, file a petition with the court seeking removal of an improperly registered mark.
Search before filing
• A search can be effected for word marks only.
• The result is available in four days.
• One application is filed for effecting the search in all classes.
• The search reveals similar and identical marks.
Requirements for the renewal of a trade mark
• A Power of Attorney, simply signed.
• 10 prints of the mark.
The renewal of a trade mark registration is effected for similar periods of fifteen years.
Renewal can be effected within a three-month grace period after the end of the renewal term.
Oppositions
The Lebanese Law does not provide for opposition. However, an opposition may be initiated against an infringer through a court action. A cancellation action can be instituted by a lawyer. A trade mark remains vulnerable for the five years following the filing / registration date.
Assignment recordals
The assignment should be recorded in order to be effective against third parties. The assignment is recorded in the trademark register at the Trademark Office. The assignment can be with or without the goodwill of the business. Recordal of the assignment should be made within three months as from the date the assignment is executed. However, late recordals are acceptable in return to the payment of a fine.
Documents required for the recordal of an assignment are:
• A Power of Attorney signed by the assignee, showing name and title of the signatory.
• A Deed of Assignment duly executed and signed by both parties and legalized.
Unauthorized use
The imitation of a mark used on products of the same class; unauthorized use of a registered mark, sale or storing for the purpose of sale, exhibiting for sale products bearing a counterfeit mark are offenses punishable under the Criminal Law.
Appeals against decisions
An appeal can be filed against any decision issued by the Trademark Office within thirty days from the date the notification of the decision is received.
Membership in International Conventions
Lebanon is a member of Paris Convention (London Text).
Classification of goods and services
Lebanon has no local classification of goods and services but adopts the International Classification of goods and services.
CLASSIFICATION OF GOODS AND SERVICES
Goods
Class 1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Class 5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of cannon metal not included in other classes; ores.
Class 7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements; incubators for eggs.
Class 8. Hand tools and implements (hand operated); cutlery; side arms; razors.
Class 9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Class 10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
Class 11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
Class 12. Vehicles; apparatus for locomotion by land, air or water. Class 13. Firearms; ammunition and projectiles; explosives; fireworks.
Class 14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.
Class 15. Musical instruments.
Class 16. Paper, cardboard and goods made from these materials, not included To 4 r classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks.
Class 17. Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Class 18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
Class 19. Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20. Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-ofpearl, meerschaum and substitutes for all these materials, or of plastics.
Class 21. Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
Class 22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
Class 23. Yarns and threads, for textile use.
Class 24. Textiles and textile goods, not included in other classes; bed and table covers.
Class 25. Clothing, footwear, headgear.
Class 26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Class 27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
Class 28. Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Class 29. Meat, fish, poultry and game; meat extracts;,/preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
Class 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
Class 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
Class 32. Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33. Alcoholic beverages (except beers)
Class 34. Tobacco; smokers’ articles; matches.
Services
Class 35. Advertising; business management; business administration; office functions.
Class 36. Insurance; financial affairs; monetary affairs; real estate affairs.
Class 37. Building construction; repair; installation services.
Class 38. Telecommunications.
Class 39. Transport; packaging and storage of goods; travel arrangement.
Class 40. Treatment of materials.
Class 41. Education; providing of training; entertainment; sporting and cultural activities.
Class 42. Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services; legal services; scientific and industrial research; computer programming; services that cannot be placed in other classes.
Source: Abdeldadi Intellectual Property
