The Syrian law regulates the protection of Commercial and Industrial Property pursuant to the legislative decree No.1946 amended by law No.28 of 1980.
The provisions of the law relate to the definition of a Trade Mark, the filing term, priority right, temporary protection, publication in the gazette, registration procedures, offenses and penalties as well as judgments.
Procedures for the registration of a Trade Mark
An application is filed with the Trade Mark Department. It is then examined by the local Boycott of Israel office for clearance.
The applicant must file a declaration regarding the boycott of Israel legalized up to the Syrian Consul. Once clear, the trade mark is examined to see if it is identical or similar to a prior trade mark application / registration covering the same goods / services. The trade mark is published in the Official Gazette after registration which remains valid for ten years renewable for like periods.
What can be registered as a Trade Mark?
Names, symbols, seals, stamps, characters, miniature designs, initials and numbers etc.
Documents required for filing the application
- A Power of Attorney, simply signed and notarized. A separate power of attorney is required for each application.
- 10 prints of the mark.
- A declaration regarding the boycott of Israel may be required. It should be legalized up to a Syrian Consul or another Arab Consul.
- Applications for the registration of trade marks in respect of medicines and pharmaceuticals require the presentation of formula, a certified copy of home registration, a certificate of origin from a Department of Health or Chamber of Commerce, duly legalized.
Priority of a Trade Mark
Priority of a trade mark can be claimed, since Syria is a member of Paris Convention. The application should be submitted within 6 months from the date of filing the priority application.
Classification of goods and services
Goods and services are classified in accordance with the International Classification of goods and services. A single application may include several classes.
Search before filing
An Official search can be conducted for word marks and devices. The search takes 4-7 days.
An application is needed for search in all classes. The search report reveals similar and identical marks.
Is multi-class application acceptable?
An application can be filed for the registration of a mark in several classes.
Oppositions
Trademarks are published for registration. However, there is no provision for opposition to the registration of a mark.
Use requirements
Prior use of an unregistered mark may be claimed on presentation of an authenticated proof.
Ownership of a trade mark becomes conclusive after the lapse of five years from the registration date.
What legal effect does a trade mark registration confer
Legal evidence of ownership which entitles proprietor to use the mark and to stop third party’s infringement by instituting legal proceedings.
Assignment recordals
The assignment of a trade mark must be recorded.
If such is not published in the Official Gazette and entered in the Trade Mark Department records, it will not be effective against third parties. The assignment can be made with or without the goodwill.
The documents required for the assignment are:
• A notarized Power of Attorney signed by the Assignor.
• A Deed of Assignment signed by both parties and legalized.
The assignment should be recorded with the Trade Mark Office within three months from execution date; otherwise a fine will be imposed for the delay of each two- month period.
License recordals
The license of a trade mark must be recorded within three months from effective date. A charge is collected for late recordal.
The required documents are:
• A notarized Power of Attorney signed by the licensee.
• The License Agreement comprising the numbers of the trade mark registration duly legalized.
Requirements for the renewal of a Trade Mark
- A Power of Attorney.
- A printing block.
- Specimens of the mark
Penalties for Trade Mark Infringement
A fine or imprisonment or both. Imprisonment varies from three months and three years, depending on the court’s consideration.
International Agreements to which Syria acceded
- Paris Conventions for the Protection of Industrial Property, London Act.
- Madrid Agreement
- Madrid Protocol.
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.
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
