How do you register a trademark in Syria? Examination, publication, opposition and renewal

Under the Law on the Protection of Commercial and Industrial Property No. 8 of 2007 and the executive instructions issued by the Ministry of Internal Trade and Consumer Protection in Syria.

The Directorate for the Protection of Commercial and Industrial Property, and its role

• The body: a directorate under the Ministry of Internal Trade and Consumer Protection.
• The role: keeping the registers of trademarks, industrial designs and models; receiving registration applications and examining them as to form and substance; issuing protection and registration certificates; publishing in the official gazette (the property protection gazette); and receiving and deciding oppositions under the law.

The examination and publication stages, and the opposition window

• Examination: the mark is examined as to form and substance, to confirm that no similar or previously registered mark exists and that it does not offend public order or public morals.
• Publication: if the mark is accepted, it is published in the official trademark gazette at the applicant’s expense.
• Opposition window: any interested party may oppose acceptance of the registration within 90 days of the publication date.

The term of protection and the renewal procedure

• Term: protection is granted for 10 years, running from the date the registration application is filed.
• Renewal: renewable for like and successive terms. The application for renewal is filed during the final year of the protection period, or within an additional window of 6 months after the term expires, against a late fee.

How a foreign company registers its mark in Syria

• Through an official agent: a foreign (non-resident) company must file through a property protection agent or a qualified, accredited lawyer resident in Syria, under a formal power of attorney authenticated by the Syrian embassy in the company’s country and by the Syrian Ministry of Foreign Affairs.
• The international route (Madrid Protocol): the mark may be registered either directly with the Directorate in Syria, or through the World Intellectual Property Organization (WIPO) under the Madrid Agreement and Protocol, designating Syria as a target state.

What to do about counterfeiting or infringement, and the compensation due

1. Applying to the property directorate or the public prosecutor for precautionary seizure, the drawing up of a protective seizure report, and confiscation of the counterfeit products and tools.
2. Bringing criminal proceedings before the court of first instance in criminal matters, to pursue the infringer with penalties of imprisonment and a fine.
3. Filing a civil claim to stop the infringement, cancel the counterfeit mark and prohibit its use.

Compensation due: the owner of the mark may claim fair material and moral compensation for the harm suffered, the losses incurred and the profits lost as a result of the infringement. The competent court sets the amount on the basis of expert assessment and its estimate of the extent of the harm and of the sales of the counterfeit products.