Libya

Trademark registration Libyan Arab Jamahiriya - Libya is a member of the Paris Convention for the Protection of Industrial Property. The International Classification of Goods and Services consisting of 45 classes of the Nice Agreement (Eighth version) has been adopted in Libya not including the alcoholic drinks under class 33. Trademark protection is obtained by registration only. Recently, the Libyan Trademark Office implemented a new effective trademark registration system. It considered all trademark applications filed in Libya prior to August 2002 as invalid. Accordingly, fresh applications should be filed in order to ensure legal protection for the applications filed prior to August 2002. Once a trademark application is filed, it is examined as to its registrability. Should the mark lack any requirement as provided for in the law and its implementing regulations, the application will be rejected by the examiner. The applicant may appeal the rejection of its application to a commission appointed for that purpose within 30 days as of the date of receiving the relevant official notification. Trademark applications approved by the Registrar are published in the Official Gazette. There is a 3-month period from the date of publication during which any interested party may file an opposition notice. An opposition to the registration of a published trademark should be prosecuted before the Registrar by either a patent attorney or a lawyer. If not settled by the Registrar, or if either party objects to the decision issued by the Registrar, the opposition case is referred to the competent tribunal. In the absence of opposition, a published trademark is registered and the relative certificate will be issued.

Requirements

A trademark application has to be filed before the Trademark Office by a local agent. A power of attorney signed and stamped by the applicant’s company and legalized up to the Libyan Consulate in the applicant’s home country is needed. Foreign applicants do not need a domestic registration. 1. A Power of Attorney signed, stamped by the applicant company’s stamp and legalized by the Libyan Consulate in the applicant home country. 2. An extract of the entry of the applicant company in the Commercial Register legalized up to the Libyan Consulate (along with its Arabic translation) . 3. A copy of the home certificate or any foreign registration certificate of the trademark, (no need to be legalized or certified).

Procedure

The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 3 years from first filing to registration. Before registration, the trademark is published in the Official Gazette of Trademarks. The opposition period is 3 months from publication of the trademark application.

Duration

A trademark registration in Libya is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra

Duly note, if the trademark has not been used within 5 years from registration, it may be cancelled by court order on request of any concerned person. Once a trademark is cancelled, it may not be registered in favor of a third party for the same products except for three years from the date of cancellation.