Trademarks in Lebanon
A Q&A Guide
For businesses operating in or looking to expand into Lebanon, understanding the local trademark registration system is crucial for protecting their brand and intellectual property.
This comprehensive Q&A guide offers clear and
concise answers to frequently asked questions about trademarks in Lebanon,
covering everything from basic definitions and legal frameworks to the
registration process, enforcement, and international considerations.
The Basics of the Lebanese Trademark System
A trademark is any sign that can distinguish the products or services of one business from another. This can include words, names, logos, letters, numbers, pictures, 3D shapes, or even color combinations.
The primary law is Decision No. 2385 of 1924, known as the Law on the Protection of Commercial and Industrial Property. This law has been updated through various amendments over the years.
Yes. Lebanon is a member of the Paris Convention for the Protection of Industrial Property, which allows applicants to claim "priority" from a foreign application. However, Lebanon is not a member of the Madrid System, so you cannot designate Lebanon in an international application through that system.
Any individual or company, whether Lebanese or foreign, can apply to register a trademark in Lebanon.
No, it is not mandatory to register a trademark to use it. However, only registered trademarks are legally protected and enforceable under Lebanese law. Rights based on use alone (common law rights) are generally not sufficient to take legal action against infringers.
Registering your trademark gives you several key advantages:
- Proof of Ownership: It creates a legal presumption that you are the rightful owner.
- Public Notice: It puts the public on notice that the trademark belongs to you.
- Legal Action: It is a necessary first step to file a lawsuit or criminal complaint against infringers.
- Customs Protection: It provides a stronger basis for customs officials to seize counterfeit goods.
Yes. Lebanon adheres to the Nice Classification (NCL) for the classification of goods and services, currently using the 11th edition.
Types of Marks & Registrability
Lebanon accepts a variety of marks, including:
- Word marks: Brand names like "Apple"
- Figurative marks: Logos and symbols
- Combined marks: A combination of a word and a logo
- 3D marks: The shape of a product or its packaging
- Service marks: Marks used for services (e.g., banking, hotels)
- Collective marks: Used by members of an association
- Certification marks: Indicate that goods/services meet a certain standard
Non-traditional marks like sounds or smells are not explicitly recognized by the law and are difficult to register.
No.
Terms that simply describe a product (e.g., "SWEET" for sugar) or are
generic (e.g., "Chair" for chairs) cannot be registered. An exception
exists if you can prove the term has acquired distinctiveness (or
"secondary meaning"), meaning consumers now associate that term
directly with your specific brand through extensive use.
Generally,
no, especially if the name is misleading about the product's origin. They may
be registered only if they have acquired secondary meaning and do not deceive
the public.
Yes. A trademark cannot be registered if it:
- Violates public order or morals.
- Contains national flags or official government emblems (Lebanese or foreign) without permission.
- Uses religious symbols or names.
- Is deceptive or likely to mislead consumers about the product's nature or origin.
Yes,
to an extent. Under the Paris Convention, well-known marks are protected
against imitation even if they are not registered in Lebanon. However, having a
local registration makes enforcing your rights much simpler and more effective.
Yes,
provided they are distinctive and not merely a descriptive phrase. The slogan
must function as a unique identifier for your brand.
Yes,
marks in any language or script (Latin, Arabic, etc.) can be registered. It is
highly recommended to register both the original version and its Arabic
transliteration to ensure the broadest possible protection.
The Trademark Registration Process
You
must file an application with the Intellectual Property Protection Office
(IPPO), which is part of the Ministry of Economy and Trade.
Foreign applicants must appoint a local agent (a lawyer or firm) in Lebanon to handle the application. Lebanese nationals may file directly.
For a straightforward application with no issues, the process from filing to registration typically takes 2 to 4 weeks.
Yes. Lebanon allows multi-class applications, so you can cover several classes of goods or services in a single application. However, government fees must be paid for each class included.
The Lebanese system is a "deposit" system. This means the IPPO's examination is primarily focused on formalities and absolute grounds for refusal (e.g., being against public morals). The Office does not conduct a thorough search for prior conflicting trademarks. The responsibility falls mainly on trademark owners to monitor for and challenge conflicting marks.
If the IPPO finds a very similar registered mark during its examination, it will issue a "Notice of Similarity." The applicant can then either withdraw the application or proceed by signing an undertaking of responsibility, which is a formal declaration that they acknowledge the prior mark and accept any legal risks of moving forward.
No. Lebanon does not have a formal pre-registration opposition system where third parties can officially object to an application before it is registered. A trademark application is published after registration for informational purposes.
You must file a cancellation action with the competent court. This action can be based on your prior rights, the descriptive nature of the registered mark, or other legal grounds.
Duration, Renewal, and Maintenance
A
trademark is protected for 10 years from the filing date. It can be
renewed indefinitely for subsequent 10-year periods.
Yes. There is a 3-month grace period after the expiration date to renew your trademark.
- No, you do not need to submit proof that the trademark is being used when you file for renewal.
Rights, Enforcement, and Litigation
- Exclusive Right to Use: The legal right to be the only one to use the mark in Lebanon for the registered goods/services.
- Power to Stop Infringement: The legal standing to sue others who use your mark without permission.
- Commercial Assets: The ability to sell (assign) or license your trademark to others.
- Criminal Proceedings: The right to initiate criminal action against counterfeiters, an option not available for unregistered marks.
Trademark
infringement occurs when an unauthorized party uses a mark that is identical or
confusingly similar to your registered trademark on similar goods or services,
creating a likelihood of confusion for the average consumer.
Penalties can be both civil and criminal:
- Civil Remedies:
- Financial compensation (damages) for losses.
- Court orders (injunctions) to stop the infringing activity.
- Destruction of infringing goods.
- Criminal Penalties: Fines and imprisonment, especially in cases of deliberate counterfeiting.
- Customs Action: Seizure and destruction of counterfeit goods at the border.
This can vary greatly depending on the case's complexity, but a final judgment can take anywhere from several months to a few years.
While
there are no courts exclusively for trademarks, Commercial Courts handle
these cases, and judges with expertise in intellectual property are often
assigned to them.
Assignment, Licensing & Other Considerations
Yes. A registered trademark is an asset that can be sold or transferred (assigned) to another party. This assignment must be recorded with the IPPO to be legally effective against third parties.
Yes. You can grant a license to another party to use your trademark. For the license to be enforceable against third parties, it must be recorded with the IPPO.
Yes,
joint ownership of a single trademark by two or more parties is
permitted in Lebanon.
You must file an official request for the change with the IPPO, supported by official documents proving the change.
These symbols are not legally required, but they are useful:
- ™ (Trademark): Can be used to signal that you claim a word or logo as your trademark, even if it is not yet registered.
-
® (Registered): Should only
be used after the trademark has been officially registered. Using it
prematurely can be considered false advertising and may lead to penalties.
International Considerations
Yes. As a member of the Paris Convention, Lebanon allows you to claim a right of priority. If you file in Lebanon within six months of your first filing in another member country, your Lebanese application will be treated as if it were filed on that earlier date.
Yes, in line
with the Paris Convention, Lebanon offers protection for marks that are
considered "well-known," even if they are not registered locally.
No. Since Lebanon is not part of the Madrid System, you cannot use an international application to secure trademark rights there. You must file a separate national trademark application directly with the Lebanese IPPO.
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