News & insights

Syria: Implementing Regulations Out

April 12, 2007

One month after the promulgation of Syrian Law no. 8 of 2007 on the protection of trademarks, geographical indications, and industrial models and designs, the Syrian Ministry of Trade and Industry issued on April 12, 2007 the implementing regulations of this law. The regulations entered into force in the country on the same day.

According to the regulations, the documents required for filing trademark applications are as follows:
1- A power of attorney, notarized. A separate power is required for each application or set of applications. Alternatively, a legalized general power of attorney is accepted and may be used for subsequent filings.
2- Copy of corresponding home/foreign registration certificate (if available), with Arabic translation.
3- Copy of priority document, if priority is claimed, certified.
4- 10 prints of the mark for each application.

Documents 1, 2, and 3 may be submitted within 6 months from filing date otherwise a surcharge is levied. Also, the said documents must be submitted within 6 months from their date of execution.

It is worth noting that, according to Article 6(8) of the implementing regulations, the applicant is required to declare on the application form the date of actual use of the mark in Syria or the intention of use of the mark in the country within 3 years from filing date.

The Ministry of Trade and Industry has also completed the official fees scale in connection with the registration of trademarks and designs. By virtue of Ministerial Resolution no. 726, the official fees for most trademark and design related matters have substantially increased in comparison with their current level.  The new rates will be applicable in the country as of April 12, 2007.

By way of background, we reiterate the salient features of Law no. 8 of 2007 as compared to the old Syrian law:

Law no. 47 of 1946 (Old Law) Law no. 8 of 2007 (New Law)
– A single application may include several classes. – A separate application is required for each class.
– No publication for opposition purposes. – Oppositions may be filed within 90 days from publication.
– Non-use does not constitute valid grounds for cancellation. – A trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 3 consecutive years.
– The filing date of a trademark is different from the registration date. – The filing date and the registration date are the same.
– No provisions related to famous trademarks. – The Courts shall recognize famous trademarks that are well known in Syria and abroad.
– A renewal application will generate one renewal certificate for multiple classes. – For a multi-class trademark registered under the old law, a renewal application will generate separate renewal certificates according to the number of classes originally registered. This renewal application will be examined and published for opposition within 60 days from publication date. This procedure will not be applicable in the case of further renewals.

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