Lebanon is a member to the Paris Convention for the Protection of Industrial Property. The international classification of goods and services is followed in Lebanon. An application can include goods and/or services in any number of classes but a separate official fee is to be paid for each class.
Once a trademark application is filed, it is examined as to whether it is contrary to the public order and morals or representing national or foreign decorations. When the trademark is accepted, the relevant certificate of registration will be due for issuance. Publication of a trademark is usually effected in the Official Gazette after registration of the mark. There is no provision for opposition.
A cancellation action may be instituted by any interested party at any time during the term of protection on such grounds as lack of distinctiveness and improper registration. A trademark registration is valid for 15 years as from the filing date and renewable for indefinite similar periods. A grace period of 3 months from the date of expiration is allowed for filing a late renewal application.
The assignment of a trademark can be recorded. In order to be effective against third parties, the assignment of a trademark should be entered in the trademark register at the Trademark Office.
The assignment of a trademark may be with or without the goodwill of the business concern. The recordal of an assignment must be made within one month after the transfer, but a delay for transmission is allowed. Late recordals can be effected but subject to payment of a fine for late application for recordal.
Use of a trademark in Lebanon is not compulsory for filing applications, nor for maintaining trademark registrations in force. Any party who has been using a mark from a date anterior to the date of application for its registration, may request the court to remove the improperly registered mark within a period of 5 years from the filing date.
Unauthorized use of a trademark registered under the law, an imitation of such trademark applied on goods of the same class, sale, storing for the purpose of sale, exhibiting for sale of goods bearing a counterfeit mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods of the same class are offences punishable under the law in Lebanon.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Abu-Ghazaleh Intellectual Property Bulletins
For further information you make also like to view the Intellectual Property Bulletins published monthly by Abu-Ghazaleh Intellectual Property - IP Bulletins
