Trademarks in Lebanon 2024

Trademarks in Lebanon 2024

Trademarks in Lebanon 2024

TRADEMARKS 2024

LEBANON

Rany Sader, Nisrine Haddad, Patricia Seaiby, Julien Khoury

(Sader & Associates)

LEGAL FRAMEWORK

Domestic law

  1. What is the primary legislation governing trademarks in your jurisdiction?

The primary legislations governing trademarks in Lebanon are the following:

  • the Lebanese Constitution of 23 March 1926 and its amendments, which protects private property pursuant to article 15; and
  • the industrial property law issued by resolution no. 2385/24of 17 January 1924, currently still applicable to trademarks and industrial designs (the Trademark Law).

In addition, several laws include provisions related to the protection of trademarks, namely:

International law

  1. Which international trademark agreements has your jurisdiction signed?

Lebanon has ratified the following treaties in relation to trademarks:

  • The Madrid Convention for the Repression of False or Deceptive Indications of Source. Decision No. 152/LR of 19 July 1939.
  • The Paris Convention for the Protection of Industrial Property.
  • The Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.

Regulators

  1. Which government bodies regulate trademark law?

The Lebanese Parliament holds the responsibility for enacting laws. Nevertheless, the preparation and proposal of laws can originate from the cabinet, subsequently submitted to the parliament for voting. Furthermore, the cabinet possesses the authority to issue decrees, ministerial decisions and regulations pertaining to trademarks.

Additionally, the Intellectual Property Office within the Ministry of Economy and Trade, tasked with overseeing trademark and other intellectual property rights registrations, is empowered to issue regulations and memoranda concerning trademarks.

REGISTRATION AND USE

Ownership of marks

  1. Who may apply for registration?

Any natural or legal person, whether Lebanese or foreign, is eligible to apply for trademark registration. It is important to highlight that the applicant or their legal representative must be a Lebanese national. Consequently, a foreign applicant wishing to submit a trademark application with the Lebanese Intellectual Property Office must engage a Lebanese agent to represent them in fulfilling any necessary formalities.

Scope of trademark

  1. What may and may not be protected and registered as a trademark?

According to the Trademark Law, names written in a manner that distinguishes them from others, titles, nomenclatures, symbols, stamps, letters, protruding marks and drawings, including small drawings and figures, and, in general, any sign intended to benefit consumers, factory owners, and dealers by distinguishing between things and indicating the identity, source and origin of goods, as well as industrial, commercial, agricultural products, or products from forests and metals, shall be considered trademarks for factories or trade.

It is noteworthy that despite being nearly a century old, this definition is comprehensive, encompassing various types of trademarks, even with today’s advancements, such as service marks, collective/certification marks, color marks, and 2D/3D marks. However, certain non-traditional trademarks like sounds and smells are currently ineligible for registration.

In Lebanon, the general rule allows for the registration of almost anything, except if the trademark incorporates national or foreign emblems, a word, signal or symbol that is revolutionary or in violation of public order, or a word, signal or symbol that is contrary to sound discipline (article 71).

In practice, specific registration criteria and grounds for trademark registration refusal have emerged, including:

  • similarity to previously registered trademarks;
  • generic or descriptive names for goods or services; and
  • deceptive names that may mislead buyers about the product’s origin or nature, such as using the term ‘natural’ on industrial or chemical items.

Unregistered trademarks

  1. Can trademark rights be established without registration?

Unregistered trademarks are acknowledged, but for complete protection, trademark owners must undergo the registration process. It is important to highlight that the owner of an unregistered trademark is unable to pursue criminal proceedings to enforce their rights.

Famous foreign trademarks

  1. Is a famous foreign trademark afforded protection even if not used domestically? If so, must the foreign trademark be famous domestically? What proof is required? What protection is provided?

Lebanon is member of the Paris Convention for the Protection of Industrial Property. Therefore, the provisions of article 6-bis of the Paris Convention related to well-known trademarks are applied and thus these trademarks are granted greater protection. However, the well-known status of the trademarks domestically should be established.

Although Lebanese law lacks specific criteria for establishing evidence of well-known status, legal precedents recognize well-known status of trademarks based on factors like long-term use, widespread public recognition, distinctiveness, extensive geographical presence, significant advertising investments, multiple registrations worldwide, legal precedents recognizing the well-known status of the trademark, monetary value and business performance.

The benefits of registration

  1. What are the benefits of registration?

Trademark registration provides the applicant the exclusive right to use and exploit the trademark and is considered a presumption of ownership, which can be challenged through evidence to the contrary. Furthermore, holders of registered trademarks have the option to initiate criminal proceedings to safeguard their rights, a recourse not accessible to owners of unregistered trademarks. It is always advisable to pursue registration before undertaking any enforcement actions.

Filing procedure and documentation

  1. What documentation is needed to file a trademark application? What rules govern the representation of the mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply?

To apply for a trademark, the applicant or their agent must submit the application through the IP Office’s online portal. Besides the online submission, the applicant is required to physically submit the application at the IP Office.

Based on the formal examination, the application should be accompanied by the following information and documents; otherwise, it will be deemed invalid:

  • name, address and nationality of the applicant;
  • the original copy of the power of attorney (PoA), if filed by an agent. In cases where the PoA has been organized within Lebanese territory, it should be drawn before the notary public. However, the PoA should be duly notarized and legalized up to the Lebanese Embassy at the country of origin, in case it is executed outside Lebanon;
  • three copies of the trademark design, specifying color and size if claimed;
  • type of business or industry that is practiced by the applicant;
  • a very brief description of the trademark;
  • the trademark in JPEG/PNG format;
  • list of goods and services covered by the application and the relevant class; and
  • original copy of the priority document if claiming priority.

In Lebanon, the IP Office does not provide an official trademark search with official search reports. However, an unofficial trademark search can be conducted through the IP Office online database and the online official gazette for published trademarks only. It is worth noting that the IP Office online database might not give complete information since it will only show up to ten results. As for the official gazette, it is only accessible through paid subscription.

Registration time frame and cost

  1. How long does it typically take, and how much does it typically cost, to obtain a trademark registration? When does registration formally come into effect? What circumstances would increase the estimated time and cost of filing a trademark application and receiving a registration?

The time frame for concluding the registration procedure is relatively short. The complete registration process typically takes between one and two months. Once the application is submitted, the IP Office examiner will examine it based on specific criteria.

Before the examination, foreign applicants are required to obtain clearance from the Boycott Office to verify that they are not listed on the Boycott Office blacklist. Upon approval, the registration process is typically finalized, and the certificate is issued approximately two weeks after the registration date. The trademark application will be published in the official gazette within 3–6 months after concluding the registration.

The time frame for trademark registration might increase in case of refusal or office action by the IP Office requesting the signature of an undertaking by the applicant that the registration is made on their sole responsibility due to the prior registration of an identical or confusingly similar trademark.

As for the cost of trademark registration in Lebanon, it varies depending on different criteria, namely the number of classes covered by the application, the publication of the trademark if it is made in black and white or in color and the number of words in the application, since the publication charge is calculated per line consisting of six words each.

On average, the official charges related to the registration of a trademark in one class, in black and white, with a moderate number of words can be estimated at around US$50. It is worth noting that the official charges are changing constantly due to the exchange rates and tax reform in Lebanon.

Classification system

  1. What classification system is followed, and how does this system differ from the International Classification System as to the goods and services that can be claimed? Are multi-class applications available and what are the estimated cost savings?

Lebanon adopts a multi-class application system. Thus, a trademark application can cover one or more classes in the same application. However, additional fees are imposed for each additional class applied for. The applicant may save up to 50 per cent of the trademark registration fees while applying for a multi-class trademark application.

Examination procedure

  1. What procedure does the trademark office follow when determining whether to grant a registration? Are applications examined for potential conflicts with other trademarks? Are letters of consent accepted to overcome an objection based on a third-party mark? May applicants respond to rejections by the trademark office?

Lebanon continues to adopt a deposit system, which involves a formal examination process without specific guidelines for substantive examination. Thus, the IP Office examiner will examine the formal requirements for a trademark application.

However, to minimize potential disputes resulting from the deposit system concerning trademarks, the IP office conducts a database search and informs the applicant of any identical or confusingly similar registered trademark within the same or a similar class. The office then requests the applicant to either withdraw their application or sign an acknowledgment letter, acknowledging their awareness of the prior registration. This letter also releases the IP Office of any liability, leaving the applicant fully responsible for any unlawful registration.

For well-known marks or geographical indications, the IP office refuses to register any infringing marks, and such cases cannot be resolved through the acceptance of a liability acknowledgment.

A letter of consent may be accepted by the IP Office to overcome an objection based on a third-party mark.

Use of a trademark and registration

  1. Does use of a trademark or service mark have to be claimed before registration is granted or issued? Does proof of use have to be submitted? Are foreign registrations granted any rights of priority? If registration is granted without use, is there a time by which use must begin either to maintain the registration or to defeat a third-party challenge on grounds of non-use?

Use of a trademark or a service mark is not required in Lebanon to grant registration. The applicant does not have to submit any proof of use at the time of registration or renewal.

The applicant is eligible to file a trademark application claiming priority from foreign applications within six months from the foreign application date based on the Paris Convention. In such cases, the applicant should submit the priority document along with the application. Late filing of priority documents is acceptable in Lebanon within two months from the registration date without incurring any additional charges.

The protection of a trademarks starts from the date of payment of the registration fees, which is considered the registration date.

Markings

  1. What words or symbols can be used to indicate trademark use or registration? Is marking mandatory? What are the benefits of using and the risks of not using such words or symbols?

The Trademark Law does not address the matter of words or symbols that can be used to indicate trademark use or registration. The owner of a registered trademark may use the ® symbol, but such use is not mandatory.

Appealing a denied application

  1. Is there an appeal process if the application is denied?

Since Lebanon still adopts a deposit system, the decisions of the IP Office to deny registration cannot be objected or appealed whether administratively or judicially.

Third-party opposition

  1. Are applications published for opposition? May a third party oppose an application prior to registration, or seek cancellation of a trademark or service mark after registration? What are the primary bases of such challenges, and what are the procedures? May a brand owner oppose a bad-faith application for its mark in a jurisdiction in which it does not have protection? What is the typical range of costs associated with a third-party opposition or cancellation proceeding?

Since Lebanon still adopts a deposit system, the IP Office does not have an opposition procedure. Thus, the trademark application is published in the official gazette after concluding the registration procedures and the issuance of the registration certificate. However, any third party can file a cancellation action against a registered trademark before the competent commercial court of first instance within five years from the registration date. A cancellation action can be based on one or more of the following bases:

  • prior use or registration of an identical or confusingly similar trademark;
  • imitation with the intent to deceive the consumer;
  • unfair competition; or
  • ineligibility of the mark for protection due to descriptiveness or genericness.

A cancellation action can be filed against a bad faith registration even if the brand owner does not have a registration. However, it is always advisable to seek registration, if possible, before filing the cancellation action.

The plaintiff should file the summons before the competent commercial court of first instance, an action that will be notified to the defense to present its statement of defense. After exchanging memorandums and arguments during the trial and hearings, the court of first instance will issue its final decision to cancel the registration or not. The court decision can be subject to appeal by any of the parties.

The cost of a cancellation action can be divided into official charges and professional fees. The official charges cover the judicial fees, expert fees and translation fees if any, notification charges and disbursements to be incurred during the judicial procedures. The official charges largely depend on the criteria of each case. As average, the official charges might range from US$1,000 and US$5,000.

Duration and maintenance of registration

  1. How long does a registration remain in effect and what is required to maintain a registration? Is use of the trademark required for its maintenance? If so, what proof of use is required?

In Lebanon, the trademark will remain valid for 15 years from the registration date. The law did not provide any condition to maintain a registration except the renewal of the trademark on or before the renewal due date. The use of a trademark is not required to maintain the registration or renewal. No proof of use will be required.

Surrender

  1. What is the procedure for surrendering a trademark registration?

It is possible for a trademark owner to apply for a recordal of voluntary surrender of his trademark before the IP Office. The IP Office will issue an official cancellation statement and the recordal of trademark cancellation will be published in the official gazette.

Related IP rights

  1. Can trademarks be protected under other IP rights?

Dual protection of a trademark is possible based on copyright or designs, provided that it meets the legal requirements for such protection.

Trademarks online and domain names

  1. What regime governs the protection of trademarks online and domain names?

Lebanon does not have a separate regime for the protection of trademarks online. The provisions of Trademark Law are applied for the protection of trademarks both online and offline. As for the Lebanese domain names, they are eligible for registration under class 35. In addition, the new Law No. 81 dated 10/10/2018, relating to Electronic Transactions and Personal Data provides in part IV the regulations related to Lebanese Domain names.

Pursuant to this Law, a body shall be established under the name of the ‘Lebanese Domain Name Registry’ (LBDR). LBDR’s mandate is to manage and register the names of websites, including websites featuring the Lebanese domains (.lb) in their names, by conducting the required investigation and in consideration for a fee that fairly reflects the development of the registration market.

LBDR shall be comprised of representatives from the Ministry of Telecommunications, the Ministry of Economy and Trade, the Ministry of Finance, the Ministry of Justice, the Minister of State for Administrative Development, the Telecommunications Regulatory Authority, the Federation of Chambers of Commerce, Industry and Agriculture, the Bar Association and representatives of three to five associations operating in this sector. This Law directs to the Lebanese courts any dispute related to domain names.

LICENSING AND ASSIGNMENT

Licenses

  1. May a license be recorded against a mark in the jurisdiction? How? Are there any benefits to doing so or detriments to not doing so? What provisions are typically included in a licensing agreement?

A license may be recorded against a trademark in Lebanon. An application should be filed to the IP Office by the licensee or his representative/agent along with the duly notarized and legalized copy of the license agreement. After the payment of the recordal of license charges, the IP Office will issue an official statement confirming the recordal of the license and it will be published in the official gazette.

Although the recordal of the license agreement is not mandatory under trademark law, it is recommended to proceed with the recordal of license agreement to be enforced against third parties. There are no specific provisions stipulated for inclusion in the license agreement; however, such agreements should usually include the duration of the license, the territorial scope of the license, the goods to be licensed, the exclusivity or non-exclusivity aspect of the license, the royalties, the quality control or audit, termination clause, dispute resolution and other relevant clauses.

Assignment

  1. What can be assigned?

The trademark owner has the right to assign their trademark to any third party with goodwill or without goodwill. The assignment of the trademark is considered valid without being part of other business assets assignment. The assignment agreement can include all or some of the goods or services.

Assignment documentation

  1. What documents are required for assignment and what form must they take? What procedures apply?

The assignment of a trademark should be made in writing, and it should be duly recorded at the IP Office within two months from the assignment date. Delay fines shall be applied in case of delay in recording the assignment. The recordal of the assignment agreement application should be submitted to the IP Office by the assignee or their representative or agent along with the following documents:

  • Power of attorney on behalf of the assignee in case of representation duly notarized and legalized.
  • The duly notarized assignment agreement signed by the assignor and assignee. In case signed abroad, it should be duly legalized up the Lebanese Consulate in the country of origin.

Upon concluding the recordal of assignment, the IP Office will issue an endorsed registration certificate certifying the assignment of the trademark as well as an official statement for the assignment and will publish the recordal of assignment in the official gazette.

Validity of assignment

  1. Must the assignment be recorded for purposes of its validity?

The recordal of assignment is mandatory and should be made within two months from the date of the assignment agreement. Delay fines will be imposed for each two-month delay in recording the assignment. If the assignment agreement was not recorded, it will not be valid towards third parties.

Security interests

  1. Are security interests recognized and what form must they take? Must the security interest be recorded for purposes of its validity or enforceability?

Security interests are recognized. To be valid, they should be made in writing and duly notarized and legalized and recorded before the IP Office.

ENFORCEMENT

Trademark enforcement proceedings

  1. What types of legal or administrative proceedings are available to enforce the rights of a trademark owner against an alleged infringer or dilutive use of a mark, apart from previously discussed opposition and cancellation actions? Are there specialized courts or other tribunals? Is there any provision in the criminal law regarding trademark infringement or an equivalent offence?

To enforce trademark rights, a range of administrative and judicial measures are available, such as filing a petition to the Judge of Summary Matters, submitting complaints to the IP Office, lodging complaints with the Public Prosecution, and implementing customs measures. It is noteworthy that article 702 of the Criminal Law addresses trademark infringement, prescribing penalties of fines and/or imprisonment ranging from three months to three years.

Procedural format and timing

  1. What is the format of the infringement proceeding?

Infringement proceedings can take the form of civil or criminal actions, initiated either by the trademark owner or any concerned party, such as a licensee or franchisee.

In civil proceedings, the right holder can submit a petition to the Judge of Summary Matters to obtain injunctive relief, seeking to stop an ongoing infringement or prevent its occurrence. Upon filing the petition, the Judge of Summary Matters issues orders, which are then executed by the court clerk. Subsequently, legal action on the merits must be filed within 15 days from the execution of the judge’s order. The case then follows legal procedures until the issuance of the court decision on the merits.

In criminal proceedings, the right holder typically initiates the process by filing a complaint with the competent public prosecutor, who then forwards the complaint to the Internal Security Forces (ISF) for investigation and the seizure of infringing goods. Following the ISF’s investigation and seizure, the public prosecutor prosecutes the infringers and transfers the case to the appropriate Criminal Judge for trial. The proceedings follow legal protocols until the issuance of the criminal judge’s decision.

Enforcement proceedings generally span a time-frame of 12 to 24 months in the initial instance.

Burden of proof

  1. What is the burden of proof to establish infringement or dilution?

The Public Prosecution, the IP Office and the Customs Authorities can act on ex officio basis against any trademark infringement. However, in practice, the right holders including the trademark owner, licensee, or franchisee, etc, have the right to enforce their rights in the trademark whether through administrative, criminal or civil procedures.

Standing

  1. Who may seek a remedy for an alleged trademark violation and under what conditions? Who has standing to bring a criminal complaint?

The Public Prosecution, the IP Office and the Customs Authorities can act on ex officio basis against any trademark infringement. However, in practice, the right holders including the trademark owner, licensee, or franchisee, etc, have the right to enforce their rights in the trademark whether through administrative, criminal or civil procedures.

Border enforcement and foreign activities

  1. What border enforcement measures are available to halt the import and export of infringing goods? Can activities that take place outside the country of registration support a charge of infringement or dilution?

The Customs Law in Lebanon empowers the customs authorities to act proactively against the importation or the transit of infringing products to or through Lebanon. Thus, the customs authorities shall have the right to detain or seize any suspicious or infringing goods before their entry to the territory.

Upon the seizure of infringing or suspicious goods by customs, a copy of the seizure record drawn by customs is duly notified to the IP Office. The IP Office in turns notifies the same to the rights holders along with samples of the infringing or suspicious goods. Upon notification of the right holder, the latter should confirm in writing whether the detained goods are infringing or not. If the goods are deemed infringing, they will be seized and destroyed; otherwise, they will be released.

In addition, the right holder who have sufficient information regarding infringing goods either en route to Lebanon or that have reached the borders, may file a petition to the Judge of Summary Matters to issue a seizure order of the cargo on their behalf to be executed by the customs authorities.

Discovery

  1. What discovery or disclosure devices are permitted for obtaining evidence from an adverse party, from third parties, or from parties outside the country?

As per the Lebanese Civil Procedures Law, anyone who fears losing the features of an act that may become the subject of a dispute before the judiciary may request the Judge of Summary Matters to move for inspection. The Judge may decide, when necessary, to invite the concerned parties to attend the inspection.

In addition, the Judge of Summary Matters, based on a petition submitted to them by an interested party before filing any lawsuit, may order the appointment of an expert to conduct a technical inspection by a decision they take at the end of the petition, even without inviting the other party.

It is essential to highlight that the outcomes of such pre-trial discoveries do not impose any binding obligations on the judge or court handling the case.

Timing

  1. What is the typical time frame for an infringement or dilution, or related action, at the preliminary injunction and trial levels, and on appeal?

The time frame for preliminary actions related to infringement, dilution or similar matters is estimated at 15 days. At the trial level in the first instance, the anticipated time-frame ranges from 12 to 24 months. Subsequently, during the appeal stage, the estimated time-frame spans from nine to 18 months.

Limitation period

  1. What is the limitation period for filing an infringement action?

In case of a criminal action, the limitation period for filing an infringement action is determined by 10 years for the civil action and three years for the criminal action.

Litigation costs

  1. What is the typical range of costs associated with an infringement or dilution action, including trial preparation, trial and appeal?

The litigation cost in an infringement or dilution action can be split between official charges and professional fees. The official charges include judicial charges, expert fees and translation fees if any, notification charges and other disbursements to be paid during the trial. The official charges largely depend on the criteria of each case. The average official charges can be estimated as follows:

  • Pre-trial proceedings: between US$500 and US$3,000.
  • Trial proceeding in the first instance: between US$1,000 and US$5,000.
  • Appeal proceedings: between US$1,000 and US$2,000.

As per article 540 of the Civil Procedures Law, the expenses of the litigation include the judicial fees, the witness’s compensations, the experts’ fees and the costs of the proceedings as determined in an official tariff, and the attorney’s fees.

Pursuant to article 541 of the Civil Procedures Law, also applied on criminal cases, the court shall, when passing the judgment that ends the litigation, determine on its own, the expenses of the litigation. The judgment on the expenses of the litigation is passed against the losing party.

In case of multiplicity of losing parties, the court may divide the expenses into equal parts, or in proportion to the interests of each one of them in accordance with the court’s estimates. If the judgment of expenses is passed without indicating the proportion that shall be borne by each of them, it shall be resorted to dividing these expenses in equal parts among them.

It is worth mentioning that, in practice, the amount of the expenses of the litigation that can be recovered are significantly lower than the amounts actually paid due to the narrow interpretation of the litigation expenses included in article 540.

Appeals

  1. What avenues of appeal are available?

Final decisions rendered in the First Instance phase, whether in civil or criminal cases, are subject to appeal before the appropriate Court of Appeals. The appeal process involves re-examining the case before the Court of Appeal, which will render a decision based on both the factual and legal aspects of the case.

In a civil action, the Court of Appeal decision can be subject to re-appeal before the Court of Cassation (Supreme Court) for violation of legal rules only. Reappeal is possible in one or more of the following instances:

  • violation of the law or error in its application or interpretation. The appellant must explain the text, legal principle, or legal rule upon which the violation occurred, or the fact of the error in its application or interpretation, and the aspects of the violation or error;
  • violating the rules of functional or qualitative specialization;
  • the contradiction in the ruling clause of a single decision, such that it is impossible to implement it;
  • neglecting to decide one of the claims;
  • judgment by what the opponents did not ask for or by more than what they asked for;
  • loss of the legal basis for the contested decision, as its factual reasons were insufficient or unclear to support the legal solution decided upon;
  • distorting the content of documents by stating facts contrary to what was stated therein or by contradicting the clear and explicit meaning of their texts; or
  • the discrepancy between two rulings issued at the last instance in the same case by two different courts or by one court.

In a criminal proceeding, the decision of the Court of Appeal can only be subject to re-appeal if there exists a disparity between the decisions of the Court of First Instance and the Court of Appeal. If no such difference exists, the decision of the Court of Appeal is deemed final.

Defenses

  1. What defenses are available to a charge of infringement or dilution, or any related action?

As a defense, the alleged infringer may deny the infringing acts or challenge the eligibility for protection of the trademark by invoking prior rights on the trademark, or descriptiveness or genericness.

Remedies

  1. What remedies are available to a successful party in an action for infringement or dilution, etc? What criminal remedies exist?

In a civil proceeding, the remedies available to a successful part can be summarized as follows:

  • cancellation of the infringing mark in a cancellation proceeding;
  • seizure and destruction of infringing goods in an infringement proceeding;
  • imposing upon the infringer to stop any illegal activities under a coercive fine for each day delay in executing the decision;
  • imposing upon the infringer the payment of indemnities to the right holder for the moral and material damages incurred due the infringement;
  • publication of a summary of the decision in local newspapers; and
  • imposing upon the infringer all legal expenses.

In a criminal proceeding, the remedies available can be summarized as follows:

  • conviction of the infringers for the crimes of trademark infringement, imitation with the intent to deceive the public, fraudulent competition or consumer fraud;
  • imposing upon the infringer the payment of fines;
  • seizure and destruction of the infringing goods;
  • imposing upon the infringer the payment of indemnities to the right holder for the moral and material damages incurred due the infringement;
  • publication of a summary of the decision in local newspapers;
  • imprisonment for a period ranging between three months and three years; or
  • imposing upon the infringer all legal expenses.

ADR

  1. Are ADR techniques available, commonly used and enforceable? What are the benefits and risks?

ADR techniques, including reconciliation, mediation, and arbitration, are recognized and enforceable in Lebanon for resolving civil matters. However, it is important to note that criminal cases are exempt from the application of ADR. In practice, ADR methods are not extensively employed in trademark matters, particularly in cases of infringement or counterfeiting.

In matters related to the cancellation of trademarks, parties may opt for reconciliation and mediation to settle disputes, leading to voluntary actions such as the cancellation of the infringing mark, the establishment of a coexistence agreement, or other mutually agreed-upon arrangements.

The utilization of ADR techniques in trademark disputes offers several advantages, including confidentiality of proceedings, the involvement of specialized and experienced mediators or arbitrators, and potential savings in both time and costs.

UPDATE AND TRENDS IN TRADEMARKS IN LEBANON

Key developments of the past year

  1. Are there any emerging trends, notable court rulings, or hot topics in the law of trademark infringement or dilution in your jurisdiction?

Despite the challenges facing Lebanon, the judicial authorities are committed to protecting trademark rights by condemning the infringers and imposing upon them the payment of fair indemnities to the right holders and confiscation and seizure of the infringing goods.

* The information in this chapter was accurate as at January 2024.

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