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SYRIA TRADEMARKS - JAH CO.IP
SYRIA TRADEMARKS

Trademark Requirements:

A power of attorney legalized up to a Syrian consulate abroad.

Simple copies of the certificate of incorporation or extract from the Commercial Register or any equivalent document attesting to the legal status of the Applicant Company and passport copy of the signatory of the power of attorney.

Simple copy of home or any foreign registration with Arabic translation.

A certified copy of the priority document in case of claiming priority.

Full name, address, nationality and business activities of Applicant Company.

List of goods or services to be included in the trademark application.

Certificate of origin, legalized (for classes 3 and 5). Also, list of ingredients typed on company’s letterhead (for Pharmaceutical products in class 5).

 

Please be advised that number two requirement is needed by the Syrian Ministry of Foreign Affairs for super legalization of the POA. The Syrian Ministry of Foreign Affairs requests such documents for each new POA.

All the above documents must be submitted within 6 months from filing date.

It is now since more than three years the Syrian Trademarks Registrar is not requiring a copy of home registration certificate of the mark and we are registering trademarks in this jurisdiction without the submission of the aforesaid document. However, upon examining the trademark application the Syrian Trademarks examiner sometimes request to submit a simple copy of the home or foreign registration certificate of the mark when he doubts the registrability of the mark.  Therefore, we propose that your client await the examiner decision and if requested at the time of examination we shall inform you accordingly at which time you can provide us with same if available and if not we shall submit a response to the trademarks examiner in this effect and if required we shall submit the declaration.

 

Time frame from filing a trademark application up to registration in the normal course of action; i.e.  in case that no office action is raised by the trademark examiner or oppositions are lodged by third parties:

Filing up to Examination : 4-5 months

Examination up to Publication : 1-2 months

Opposition Period : 90 days from publication date

End of Opposition Period up to Issuance of Registration Certificate : 2 months

Total Estimated Time Frame : 8-10 months

 

Late filing of documents is allowed within six months as of the filing date of the trademark application. However, we require the original power of attorney to be sent to us within two months from filing date at the maximum as the procedure of getting the Security Approval and Super-Legalization of any legalized document in Syria takes 2 months in order to avoid the lapse of the application due to non-submission of the power of attorney within the deadline.  Local legalization of the power of attorney passes through preparing a certified Arabic translation by a local certified translator, Ministry of Justice, Foreign Affairs Ministry and finally Ministry of Interior.  Once all legalization channels are completed the original power of attorney is deposited with the Notary Public and as agent of the client we obtain a certified copy each time we have a new case to submit to the Syrian Trademarks Registry.

Due to the current political and security situation in Syria, many counterfeiting cases have been caught especially in Power of Attorneys. Therefore, the Syrian authorities became more critical and careful about official documents in general and regarding POAs specifically.  Therefore, the Ministry of Justice instructed all governmental authorities to not consider any POA after 3 Months from its signing date.  As this matter caused many troubles for clients wishing to register their trademarks in Syria the Ministry of Justice changed their policy and issued a new circulation to all governmental authorities to consider and accept all POAs within 1 Year from the Signing Date or the

 

Legalization Date.

Multi-class applications is not permitted under the Syrian trademark Law.

 

With any application contains non Arabic words or expression a sworn translation should be submitted with the application even if the mark has no meanings.

Syria is a member of Paris Convention.

Syria adopts 10th edition o Nic Classification.

Time frame to registration of a smooth trademark application: 8 – 10 months.

A trademark registration is valid for ten years from filing date.

Use if required for maintaining registration within 3 years from registration date.

 

Trademark registration process:

A trademark registration process passes through 3 main stages as followings:

 

Stage 1: Filing Stage [4 – 8 Months]

Application filed > Formalities Examination (6 Months from the Filing Date for late filing of original documents i.e. Original POA) > Substantive Examination where the application will be examined on the basis of relative and absolute grounds.

 

Stage 2: Publication Stage [90 Days]

If Examination is OK > Application will be accepted > It will be published in the Official Gazette for 90 Days. Any interested 3rd Party can oppose the application within this period.

 

Stage 3: Final Registration Stage [1 Month]

If the publication period ends up without any oppositions filed against the application, then the trademark will be registered for 10 Years as from the Filing Date.

 

Renewal requirements:

Power of attorney duly legalized up to the Consulate of Syria abroad.

A simple copy of the registration certificate.

Clear form (image) of the trademark to be renewed.

 

Late filing of the legalized power of attorney is 6 months from filing the renewal application subject to affine; however, the procedure of obtaining a security approval and super legalization normally takes 1 to two months; thus we recommend receiving the legalized the power of attorney as early as possible.

Time frame for renewal: ten years from expiry of protection period.

Renewal grace period: 6 months as from expiry of protection period subject to a fine.

 

Time frame from filing a trademark renewal application up till issuance of the renewal certificate:

Filing up to Examination : 3 – 5 Month If formalities are completed

Examination up to Publication : 1 Month

Publication to Issuance of Renewal Certificate : 4 Months

Total Estimated Time Frame : 7 – 8 Months

 

Change of name requirements:

A power of Attorney in the new owner name and/or address legalized from the Syrian Embassy.

A change of name and/or address document legalized up the Syrian Embassy.

A simple Copy of the Trademark Registration Certificate.

 

Time frame needed for completing a change of name and/or address recordal:

Filing up to Examination : 1 – 3 Months

Examination up to Publication : 1 Month

Publication to Issuance of Certificate of Change and/or Name Recordal : 4 Month

Total Estimated Time Frame : 6 – 7 Months

 

General Information about TM changes process:

Recording of Change of Name and/or Address should be filed within 3 months from the Change Date; otherwise it will be subject to a delay fine.

Recording of Change of Name and/or Address cannot be filed without the original documents.

 

Assignment requirments:

A power of attorney (from the assignee) legalized from the Syrian consulate.

A deed of assignment deed (certificate) legalized up the Syrian consulate.

A simple copy of the Trademark Registration Certificate.

 

It is not permitted to file recordal of change of name, address or assignment application without the original documents.

The recordal of assignment process takes 3 – 4 Months.

It is permitted to record assignment for pending trademark application which is not yet published in the official Gazette.

An assignment should be filed within 3 months from the transfer date and any delay will be subject to affine lf late submission.

An assignment action will only be effective vis-à-vis third parties once it is recorded in the trademarks register and advertised in the official gazette.

 

Time frame needed for completing the recordal of an assignment/merger recordal:

Filing up to Examination : 1 – 3 Months

Examination up to Publication : 1 Month

Publication to Issuance of Assignment Certificate : 4 Month

Total Estimated Time Frame : 6 – 7 Months

 

General Information about TM Assignment process:

A trademark assignment process takes 3 – 4 months to be completed.

An assignment should be filed within 3 months from assignment date, after that there will be delay fines.

An assignment cannot be filed without the original documents.

An assignment can be applied for all or some of the Goods/Services of a registered TM.

An assignment will not take effect against the public or 3rd parties unless it is published or registered (recorded).

Assignment can be registered (recorded) against a pending mark before the publication only.

 

Additional information about time frames for trademark related services:

Time frame required for preparing and filing an opposition or counterstatement with the Trademarks Office and follow up its proceedings till final settlement:

Legal period to prepare and file an opposition or counterstatement before the TM Office is: 30 Days as from Notification Date. Opposition will take 3 – 5 Months for examination and final settlement.

 

Time frame required for preparing and filing a lawsuit of any type such as infringement or cancellation action and follow up its proceedings till final settlement:

It depends on the each case’s circumstances and its state of affairs. However, in general, any lawsuit would take from 1 – 2 Years of litigations

 

Time frame required for filing an appeal with the trademarks registrar or court as applicable regarding an opposition action, counterstatement or rejection:

Legal period to prepare and file an appeal or counterstatement before the Judge Ad Hoc Committee or the Court is: 30 Days as from Notification Date. Appeal will take 3 – 5 Months for examination and final settlement by the Judge Ad Hoc Committee. Average time frame, it will take around 1 Year before the Court.