FAQ
T1: How long will it take to conduct a trademark search?
10 to 15 days.
T2: Does your country use the international
classification?
Yes; the 11th Edition.
T3: Are there any goods or services for which the mark
cannot be registered?
No.
T4: Does the specification of goods in any class limit
the protection to the specified goods, or does it give additional protection to
all the goods in the class?
Protection goes for registered goods or services only.
T5: Can a trademark be registered in the name of more
than one applicant (i.e. joint application)? If so, what are its requirements?
Yes; the same filing requirements, namely:
• Legalized Power of Attorney (up to the Syrian consulate), as per the attached
form. The procedure of super-legalizing the Power of Attorney in Syria involves
obtaining the Interior Ministry's approval first, which takes 1 month.
• Certified copy of home or any other foreign corresponding registration
certificate for the above mark reflecting the same class/goods. Please provide
us with a photocopy of the same. If the Registrar insists on a certified copy,
we will inform you in due course.
T6: Can an application be filed without its complete documents? If yes, what is
the deadline for filing the documents?
It is possible to file the application and later complete the requirements
within 6 months with fine payment per document/month.
T7: Can one application cover more than one class of
goods/services?
No, as single class system for trademark applications is adopted in Syria, i.e.
each class relating to the same trademark should be covered by separate
application.
T8: May priority be claimed under the Paris Convention?
Yes.
T9: What is the term of protection of a trademark? From
what date is it calculated?
Ten years from the filing date.
T10: Is marking compulsory and, if so, how should marking
be made?
Marking is optional.
T11: In case a trademark is not renewed in due time, and
another company register the same trademark, can the original owner oppose the
registration or not?
Any mark that has been written off for any reason or for the non-renewal of its
registration may be re-registered in the name of its owner in particular,
during the period of three years from the date of the write-off and may be
registered, after the lapse of this period, in the name of its owner or any
other parties. The original owner, then, can oppose the relative
application/registration.
T12: If the trademark was filed incorrectly originally,
what documentation would be required to amend the official register to show the
correct details?
Amendment of registered/filed trademark is not possible.
T13: Is use required before registration or for maintaining the registration in
force?
Yes, within three years from its registration date. The
competent court may - at the request of any interested party –pass a decision
to strike off the registration of a mark if it is proved that it has not been
seriously used for three successive years on all products or services for which
it was registered, or any part thereof; unless the owner of the mark justifies
the reason for non-use.
In other words, there is no automatic cancellation of
trademark due to non-use.
T14: Is use of the trademark on one item sufficient to
maintain the protection for all the goods covered by the registration?
Yes.
T15: What are the types of use required?
By way of throwing the products in the markets for sale directly by the client
or through a licensee.
T16: Can the assignment of an application be recorded?
Yes.
T17: Is recording a license agreement compulsory? What are the consequences of
non-recordal?
License agreement recordal and particularly, in case of a local licensee, is
compulsory to produce effect against third parties.
T18: Can recordals such as change of name, address,
merger, assignment license, etc., be made against pending applications?
No.
T19: Can an
assignment be made with or without the goodwill? What monetary consideration is
to be mentioned as the value of the assignment? Is there any tax based on the
value mentioned?
Trademark assignment can be made with or without goodwill/monetary
consideration.
T20: Can the
trademark application be opposed and what is the opposition period?
Yes, within 90 days from the publication date.