Trade Marks :-
Libya is a member of the Paris Convention for the protection of industrial
Property and the 967 Act of Stockholm. The International Classification
of Goods is followed in Libya.
Registration of Trade Marks relating to Alcoholic drinks ( Classes 32 & 33 ) and pork
products ( Class 29 ) are not allowed in Libya.
After filing a Trade Mark application, it will be subject to examination by the
Registrar.
If an application fails to meet any legal requirement, it will be rejected by the
Registrar, who may also impose some restrictions or modifications.
The applicant may appeal against such rejection and
restrictions by appealing to a Committee within 30 days from the date of notification.
Trade Marks approved by the Registrar will be published in the Official Gazette.
There is a 3 months period from the date of publication for any third party to file an
opposition notice against such registration. The opposition will be referred to a
competent
tribunal if no settlement is reached with the Registrar. If no opposition notice is
filed within this period of 3 months, the Trade Mark will be registered and a
Certificate of registration will be issued.
Documents required for filing a Trade Mark application :-
1) A legalised Power of Attorney.
2) A legalised Certificate of Incorporation
3) A legalised copy of the trade mark certificate of registration in the
country of origin.
4) 10 prints of the Trade Mark
Duration :- 10 years from the filing an application.
Renewal :-
A Trade Mark registration is renewable for 10 years.
A grace period of 3 months for late renewal is allowed.
(A legalised power of attorney is required )
Classification :- The International Classifications of Goods is applied.
Marks in colours :- If a Trade Mark registered without colour, then it is
regarded to be registered for all colours.
Pre-Filing Search :- Search results are available within 7 days from applying.
Assignment :- An assignment of a Trade Mark must be recorded with
the Registrar's Office.
Documents required :-
1) A legalised Power of Attorney
2) A legalised deed of assignment signed by both parties
3) A legalised Certificate of Incorporation
Change of name/Address :-
Documents required :-
1) Legalised Power of Attorney
2) A legalised Certificate of change of name or address
License Recordal :- Compulsory by law
Documents required :-
1) Legalised power of attorney signed by the licensee
2) Legalised License Agreement signed by both parties
3) Legalised Certificate of Incorporation
Usage requirement :-
If a Trade Mark is not used for any 5 consecutive Years following it’s registration,
it becomes susceptible to cancellation.
