Protecting Your Franchise Trade Mark in Lebanon: Registration Scope and Renewal

Your business may have a well-known name and a trade mark registration certificate, yet its protection may still need reviewing before you grant a franchise. The question is not just, ‘Is the trade mark registered?’ but also, ‘What does the registration cover, which version does the outlet use, and when is renewal due?’ Getting these details right protects investment across the franchise network and reduces the risk of fitting out outlets with branding that does not match the protection on file.

Separate business registration from trade mark protection

Registering a company or business in the Commercial Register does not replace filing a trade mark with the Intellectual Property Protection Office at the Ministry of Economy and Trade. Each procedure serves a different purpose: the first concerns the business’s commercial status, while the second protects the trade mark under the relevant provisions. Likewise, owning a domain name or social media account is no substitute for trade mark registration.

Lebanon has no comprehensive franchise-specific law, mandatory franchise-specific disclosure regime or public register dedicated to franchise agreements. Depending on its substance, the relationship is governed by the Code of Obligations and Contracts, commercial rules and other relevant legislation. Trade marks are governed by Decision No. 2385 of 17 January 1924 on commercial and industrial property rights, as amended. Some arrangements may also require a review of the commercial representation rules where their conditions apply, regardless of the agreement’s title.

Article 72 of that Decision links the right to claim ownership of a trade mark to its filing under the prescribed procedures. Do not, therefore, base an expansion decision on the name’s reputation alone. Ask a lawyer to review the trade mark certificate and file, distinguish between a pending application and a completed registration, and check any known objection or dispute that could affect the proposed use.

Match the registration scope to what the outlet will sell

Start with a practical inventory of everything customers will see: the name, logo, Arabic and foreign-language wording, packaging, product lists, website and shopfronts. Collect the versions actually in use, not just the one in your corporate presentation. This exercise may reveal that the marketing team has updated the logo while the trade mark file still relates to its previous form.

Next, create an internal table recording the following for each trade mark:

• Its approved image or word form.
• The filing or registration number and status, based on the available documents.
• The goods and services listed in the file and the relevant classification classes.
• The products and services the franchisee intends to offer.
• Any gaps requiring legal advice or an application for additional protection.

Article 82, as amended, of the Decision governing trade marks refers to specifying the classification classes relating to the goods or services covered by the application. This is not a minor administrative detail: do not assume that registering a trade mark for one activity automatically covers every subsequent expansion.

For example, a café business may wish to sell packaged products under the same name through its franchise outlets. The task here is to check whether the file covers those products, rather than assume they are included simply because they are sold inside the café. Equally, do not assume that registering a foreign-language version settles the protection of every similar Arabic rendering. Work with a specialist to identify what requires a separate filing or further action before printing packaging and signs.

Prepare the filing documents and renewal schedule

The Intellectual Property Protection Office allows trade mark registration applications to be submitted through its online portal, followed by a paper copy in accordance with the applicable procedures. Prepare the applicant’s details, copies of the mark, a list of goods and services, company documents where applicable, and a duly completed power of attorney if an agent is filing the application. Check the current requirements and fees at the time of filing rather than relying on amounts stated in historical legislation.

Keep a central file containing the application, its supporting documents, proof of payment, correspondence and the certificate once issued. Do not confuse an application receipt with a registration certificate, or describe the mark to prospective franchisees as registered if all you have is a pending application.

Article 78 sets a fifteen-year term for the filing, renewable for equivalent periods subject to the prescribed conditions and fees. Article 87 also addresses renewal procedures. Make this deadline an organisational responsibility: appoint a lead person and a deputy, record the due date from the file, and set early internal reminders that allow time to prepare documents and follow up the procedure.

Do not tie this oversight to the term of a single franchise agreement. The trade mark may be used at several outlets under agreements expiring on different dates, while its protection requires continuous central management.

Link permitted use to the trade mark file

Attach a schedule to the franchise agreement identifying the trade marks that may be used, their approved versions, and the activities and products for which they may be used. The brand guidelines should explain their visual application without becoming an open-ended authorisation to add new names or logos.

Include contractual restrictions preventing the franchisee from filing the trade mark, or variations derived from it, in their own name without authorisation. Set out an approval process for packaging, digital accounts and advertising materials. Also specify who receives reports of counterfeiting, who decides on legal action and who bears its cost. The outlet’s role is to document the incident and notify the franchisor, not to issue independent legal threats on behalf of the brand.

Practical takeaway: Before granting a franchise, complete a table matching the trade mark in use against the scope of its registration, address any significant gaps and appoint someone responsible for renewal. A certificate kept in a drawer is no substitute for ongoing management of protection and use.