Syria is a member to the Paris Convention for the Protection of Industrial Property (London Act).

The international classification of goods and services is followed in Syria for the purposes of the registration of trademarks. However, an application can include goods or services in any number of classes with payment of additional fees.

Once a trademark application is filed, it is examined for deciding whether it is identical or closely similar to any prior anterior trademark registrations covering the same goods or services. The acceptance or refusal of a trademark shall be examined in the light of the examiners preliminary study. The file concerned will be referred to the local Boycott of Israel Office for the necessary registration clearance. The Boycott of Israel Office may ask the applicant to execute a declaration regarding the boycott of Israel. If this is the case, the registration clearance will be held until submission of the said declaration document. Once the trademark file is cleared, the Trademark Office will register the trademark.

There is no provision as to appealing the Registrar's decision issued in favour or against the registration of a trademark nor for opposition by any interested party. A trademark is published in the Official Gazette only after its registration.

A trademark registration is valid for ten years from the registration date (which is normally considered to be the filing date of the application) and renewable for similar periods. A grace period of six months is allowed for late renewal of a trademark registration against payment of a lateness fine.

The registration of all trademarks covering soaps and detergents in class 3 and pharmaceutical and medical products in class 5 is compulsory. The registration of this type of trademarks requires additional documents to be completed.

The assignment of a trademark should be recorded. Unless it is published in the Official Gazette and entered in the records of the Trademark Office, an assignment shall not be effective vis-a-vis third parties. The assignment of a trademark is possible with or without the goodwill of the business concern. Changes in the name and/or address of a registrant must be recorded. Recordals such as those of assignments and changes of names or addresses should be recorded within two months from the date of the respective deed or certificate. Otherwise, a penalty is to be paid for every two-month delay.

Use of trademarks in Syria is not compulsory for filing applications for registration nor for maintaining trademark registrations in force. Prior use of an unregistered trademark may be claimed provided that an authenticated proof is furnished. The ownership of a trademark becomes conclusive after five years as from the date of its registration.

Infringement or unauthorized use of a registered trademark is punishable under the provisions of the current Trademark Law in Syria.

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

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