Syrian 2007 Trademarks Law Amended

DAMASCUS - Syrian President Bashar Al-Assad issued on August 16, 2009 the Legislative Decree No. 47 regarding the amendment of Articles 44 and 45 of the 2007 Trademarks Law No. 8.

According to the new Decree, the owner of the well-known and distinctive trademark in Syria, even if it is not registered, has the right to directly submit a request to the Ministry of Economy and Trade to strike off and prevent others from registering or using  an identical or similar mark or the translation thereof for similar or non-similar goods or services in case the use of the mark for non-similar products shall carry others to believe that there is a link between the owner of the well-known mark and such products, or that such use may discredit the mark or cause damage to its owner or if that use is unjustified.

Therefore, the Minister of Economy and Trade shall form an ad hoc committee to look into the strike off requests within a month from the date of their submission.

In addition, Paragraph (D) of the first Article in the new Decree stipulates that petitions, before the judiciary, seeking the cessation of the enforcement of decisions issued by the mentioned committee shall be denied.

Also "when determining whether a mark is well-known, it should be taken into account to what extent the mark is well-known to the concerned people in Syria."

Moreover, Article No. 3 of the said Decree states that the regulations mentioned in this Decree shall be implemented on any previously filed trademarks regardless of the filing date.

However, it is not yet known when the said ad hoc committee will be formed and when the relative official fees are to be defined.