Aug 15, 2024 (Newsletter Issue 8/24)
Trademarks Office resumes filing new trademark applications
The Libyan Trademark Office (TMO) resumes accepting new trademark applications effective September 2, 2024. This decision follows the issuance of a Ministerial Decree authorizing the TMO to recommence its operations, after operating at a very limited capacity.
Source: www.jahip.com
May 01, 2024
New Trademark Registration Formalities Effective
On 14 February 2024, the Libyan Ministry of Economy and Trade announced important changes to the trademark registration procedures, which will be enforced starting 1 May 2024. The new regulations include the following key points:
1) Powers of Attorney (POA) used for trademark prosecution will now have a validity period of one year from the signing date.
2) Documents that have been legalized outside of Libya must be further attested by the Libyan Ministry of Foreign Affairs and International Collaboration to confirm the authenticity of consulate legalizations.
3) Applicants for new trademark registrations must provide an extract from the commercial register, a certificate of incorporation, or any similar document that verifies the legal existence of the company. This documentation, issued no more than one year prior to the trademark action, must also include an Arabic translation.
4) Applications for trademark assignment and other actions related to post-registration records must include the original required documents, also accompanied by their Arabic translations.
5) Trademark owners are highly recommended to use any existing POAs and trade licenses, particularly those executed before 1 May 2023, to avoid the necessity of generating new documentation under the updated guidelines.
These updates are designed to enhance the efficiency and legal conformity of the trademark registration process in Libya.
Source: www.inventa.com
Feb 25, 2024 (Newsletter Issue 2/24)
Cancellation of Non-renewed Trademarks
On February 25, 2024, the Director of the Libyan Trademarks Office has issued an official decision No. (335) of 2024 to cancel all published trademarks that have not been renewed within the legal renewal deadlines described in Article 1257 of the Commercial Activity Law No. 23 of 2010 which stipulates the followings:
- The protection period of a registered trademark shall be ten years, renewable for an identical period or periods upon request of its owner and every time within the last year of the protection period.
- The owner of the mark may request a renewal within six months commencing from the date of expiry of protection thereof, the trademark office shall ex officio cancel the trademark.
- A trademark shall be re-registered in favor of its owner exclusively within three years from the date of the cancellation according to the prescribed conditions and same procedure of registration.
In this respect, it should be noted that the decision targets the trademarks published before 2021 (with trademark numbers below 22100) duly noting that no trademarks were published in the years 2022 and 2023 respectively. Meanwhile, this decision was established on the ground that published trademarks are virtually considered as registered and they should be renewed before the expiry of the 10 years protection period, even if no registration certificate was issued. Trademarks published in 2024 are excluded from this cancellation.
The decision was put in force with immediate effect as of its issuance date.
Source: www.jahip.com
May 29, 2023 (Newsletter Issue 6/23)
TMO Resumes Normal Operations
The Libyan Trademark Office resumed its normal operations on 28 May 2023. It should be noted that since November 2022, the TMO has been operating at a limited capacity by processing only IP cases related to Libyan individuals and companies whilst freezing all IP services related to foreign applicants.
Source: www.jahcoip.com
Dec 01, 2022 (Newsletter Issue 17/22)
Trademark Office Opens for Limited Operations
The Libyan Ministry of Economy and Trade issued a statement suspending some operations of the Trademark Office as of 1 November 2022.
According to the statement, the operations of the Trademark Office will be limited to the following:
- Trademark applications for Libyan companies and entities only. New trademark applications for all foreign-based companies and individuals will no longer be accepted until further notice.
- Trademark assignment recordation.
- Companies registration.
Source: www.agip.com
Oct 08, 2020 (Newsletter Issue 16/20)First Official Gazette in 2020 Opens Opposition TermOn September 23, 2020, the Libyan Trademarks Office issued its first Official Gazette numbered 1/2020 for the current year. The publication of the Gazette opens a 3-month opposition term and consists trademarks filed in 2010.
It is expected that the Office continue to issue more Gazettes during 2020 to overcome the backlog of trademarks requiring publication and registration. The last Gazette was issued on June 4, 2015 by the Office.
The Gazette can be accessed here
Source: JAH & Co. IP, Qatar Apr 12, 2017 (Newsletter Issue 7/17)Trademark Registration Certificates IssuedThe Libyan Trademarks Office is issuing registration certificates of the trademarks holding the filing numbers from 6,000 to 6,500. Given the current circumstances in Libya and the backlog of applications at the Trademark Office, the issuance of the registration certificates is expected to face delays.
Applicants who are interested in obtaining any official certificate proving that their trademark has been registered with the Libyan Trademarks Office can obtain an official testimony confirming the registration of any trademark whose term of opposition has passed without third party action.
Source: JAH & Co. IP, Qatar Dec 08, 2015 (Newsletter Issue 19/15)
Last Deadline to Renew Lapsed Trademarks
The Registrar of the Libyan Trademarks office confirmed that it would be possible to lodge renewal applications in respect of expired trademarks, regardless to their expiry date, until December 31, 2015. After said date, all expired (lapsed) trademarks will be treated as cancelled.
It is possible to issue registration certificates for expired applications after paying the normal renewal fee as well as paying the registration fee simultaneously.
Applicants who want to submit renewal applications or obtain registration certificates are required to provide specimen of the mark, the filing number, the filing date, the applicant details as well as the classes and list of goods. No other documents are needed.
Source: NJQ & Associates
Nov 11, 2015 (Newsletter Issue 17/15)Trademark Registration Certificates Issued The Libyan Trademarks office has started issuing trademark registration certificates after civil unrest.
Source: JAH & Co. IP, Qatar Jan 13, 2015 (Newsletter Issue 1/15)Trademark Office Resumes its ActivitiesThe Libyan Trademark Office has resumed its normal activities of accepting new applications and processing of trademarks in general.
Requirements for filing a trademark application in Libya are:
- A power of attorney which should be signed and notarized by the trademark owner and legalized up to the Libyan Consulate in the owner home country.
- An extract of the entry of the applicant company in the Commercial Register (Certificate Incorporation) legalized up to the Libyan Consulate.
- The Name, address, nationality, and business of the applicant.
- 10 prints of the trademark.
- If priority is to be claimed, a certified copy of the priority document issued from a country member of the Paris Convention should be submitted upon filing with other required documents.
Source: JAH & Co. IP, Qatar Sep 16, 2014 (Newsletter Issue 14/14)
Trade Marks Office Closed
Following the recent fighting in Libya the Trade Mark Office has closed again.
Source: Spoor & Fisher, South Africa
Jun 04, 2013 (Newsletter Issue 8/13)
First Trademark Journal after Revolution Issued
The Libyan Trademark Office (LTMO) has issued the first Trademark Journal after the revolution and the resuming of its operations.
The Gazette is dated from May 20, 2013, however, it was distributed on 28 May 2013, and the opposition period ends on August 19, 2013.
Source: NJQ & Associates
May 02, 2013 (Newsletter Issue 6/13)Trademark Office Accepts TM Applications NowThe Libyan Trademark Office has started accepting new trademark applications. Please note that the first trademark applications has been already filed.
Source: JAH & Co. IP, Doha, Qatar Apr 02, 2013 (Newsletter Issue 4/13)Practice of Trademark OfficeThe Libyan Trademark Office will resume business as usual soon. In effect any deadlines or priority dates which fell within the Libyan revolution will be taken in consideration.
The Trademark Office will start receive the search application from April 1, 2013 and filing new Mark applications will take place starting May 2013.
The requirements for filing a trademark application in Libya are:
1. A Power of Attorney. The power of attorney should be signed and notarized by the trademark owner and legalized up to the Libyan Consulate in the owner home country.
2. An extract of the entry of the applicant company in the Commercial Register (Certificate Incorporation) legalized up to the Libyan Consulate.
3. The Name, address, nationality, and business of the applicant.
4. 10 prints of the trademark.
5. If priority is to be claimed, a certified copy of the priority document issued from a country member of the Paris Convention should be submitted upon filing with other required documents.
Please note that a legalized copy of the home registration certificate of the trademark is no more required which was a must requirement in the past.
Source: JAH & Co. IP, Doha, Qatar Feb 18, 2013 (Newsletter Issue 2/13)Issuances of Registration CertificatesThe Libyan Trademarks Office has started to issuance Registration Certificates for trademark applications which were filed in the years 2002 and 2003.
Clients who have any application filed in these years are urged to liaise with their local agents to contact the registrar to check status of their files in order to complete any missing and be sure that the certificate is timely issued.
Source: JAH & Co. IP, Doha, Qatar Oct 16, 2012 (Newsletter Issue 15/12)
Certificates of Registration
The Libyan Trademark Office started issuing registration certificates in 2011, but because of civil unrest in the country the documents were kept on file without notification of the agents of record. In August 2012, the Libyan Trademark Office started distributing the issued certificates to the agents of record. This means that the registration certificates for all pending trademarks that have been accepted and published are expected to be issued in the near future.
The Office is still not functioning at a normal pace. It is currently only examining pending applications and issuing notices of acceptance. As a result, all new applications and search requests are being kept on hold until further notice.
Source: INTA Bulletin, Vol. 67 No. 17
Saba & Co., Lebanon and Jordan
Dec 01, 2011 (Newsletter Issue 14/11)
Country Name Changed
The official country name of the former Libyan Arab Republic (also known as the Libyan Arab Jamahiriya) has been changed to 'Libya'. The International Organization for Standardization (ISO) code for Libya remains as 'LY'.
Source: Lysaght & Co., Jersey, Channel Islands
Nov 08, 2011 (Newsletter Issue 13/11)
Trademark Office Resumes its Activities
The Libyan Trademark Office has resumed limited operations as many of the employees have resumed duty.
Source: NJQ & Associates
Mar 18, 2011 (Newsletter Issue 5/11)
Trademark Office Not Functioning
The functioning of the Trademark and Patent Office in Libya is interrupted due to the ongoing unrest. In addition, the country is currently facing problems in internet connection and in international communication.
Source: SABA & Co.,
Jul 02, 2010 (Newsletter Issue 12/10)First Trademark Registration Certificate IssuedThe Libyan Trademark Office has issued the first registration certificates after thirty years.
The Office didn’t announce yet when it will officially start the issuance of Registration Certificates to owners of trademarks.
Source: JAH & Co. IP Dec 07, 2009 (Newsletter Issue 5/09)
Classification of Products and Services Amended
Based on decision No. 316 which amends the Implementing Regulations, the classification of products and services was amended as follows:
Class 10: Veterinary apparatus and instruments were added, as they were not included in the old Implementing Regulations
Class 28: Decorations for Christmas trees and related products were deleted.
Legal basis is the Trademark Law No. 40 of 1956 and Law No. 23 of 2010 regarding Commercial Activities.
Pursuant to Law No.40, 1956 and its amendments, the Libyan legislator regulates the protection of the trademark. Its provisions define the true nature of the trademark, the marks which are not registrable, registration procedures, the expiry of marks property and their mortgage, registration renewal and cancellation, the disputes concerning trademarks registration and property and how to solve these disputes as well as defining the officials' authorities for the implementation of the provisions of this law.
Libya is a member of the Paris Convention for the Protection of Industrial Property.
Trademark protection is obtained by registration only.
Nice classification, 11th edition. A single-class filing system.
It is possible to claim class heading provided that the headings are specified and use of the phrase "all goods/services" in the class is not acceptable.
Not included are the class 33, alcoholic goods in class 32, Christmas trees and related products in class 28. Pork meat in class 29 cannot be registered.
Registrable as a trademark are all distinctive words, names, symbols, devices, colours, three-dimensional trademarks, or any combination, used or intended to be used in commerce.
The following trademark types are registrable: trademarks, service marks, collective marks and certification marks.
The application is filed at the Trademark Office.
Requirements for filing trademark applications are as follows:
1. An original Power of Attorney signed and notarized by the trademark owner, and legalized by the Libyan Consulate in the applicant’s home country.
2. An original certificate of incorporation, or original extract from the Commercial Register legalized by the Libyan Consulate.
3. A certified original of the priority document legalized by the Libyan Consulate, if claimed.
4. A copy of the passport or ID of the person authorized to sign the Power of Attorney.
5. A pledge from the owner of the mark that the goods conform to Libyan specifications and standards.
6. A picture of the product or products of the trademark.
7. Product name.
8. An Arabic translation is required for a mark that comprises non-Arabic characters.
9. A sound mark should be represented by submitting an audio file reproducing the sound.
The documents should be submitted with the application. Late filing of necessary documents is not possible except for trademark applications with priority claim which can be filed with simple copies of the required documents whilst the originals of same should be submitted within two months from the date of filing. Filing by simple copies of the required documents is not allowed.
Foreign applicants do not need a domestic registration.
The application process includes examination on formal, absolute and relative grounds which includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration is approximately 12-14 months.
Filing stage: It takes around 3-5 days from the date of submitting the document at the Trademark Office to obtain the official notice of filing trade/service mark.
Examination Stage: It takes approx. 30 days to obtain the official letter of acceptance.
Publication Stage: It takes between 3-5 months for publication in the Official Gazette of Trademarks (includes the applicant’s name & address, filing number and date, mark print, class, statement of goods/services). However, given the ongoing civil war in the country, publication of trademark applications has been suspended for a while. But in compliance with the newly introduced executive regulations issued under Ministerial Decision No. 26/2024 on 17 January 2024 (Article 11), the Libyan TM Office has launched the Libyan Trademark Office - Electronic Publication Platform through which all accepted trademarks will be published. Trademarks with filing numbers 22100-28699 are now scheduled for publication shortly. Today; i.e. 1 February 2024, the TM Office has published 6236 trademarks.
Certification Stage: The process of issuing the registration certificate is very slow because the Libyan Trademark Office has recently started to issue registration certificates which is taking a long time to finish the backlog of old trademarks.
National:
In accordance with Article 12 of the executive regulations under Ministerial Decision No. 26/2024, the opposition period has been shortened from 60 days to 30 days, which is non-extendable under any circumstances. Counterstatement to opposition by applicant is one month from being notified of opposition by TMO.
This period is not extendable. In case the registrar refused the opposition, the case will be transferred to the competent tribunal.
A trademark registration is valid for 10 years from the date of filing. It is renewable for further periods of 10 years each.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official filing fee of a trademark application is LYD 100 publication fee is LYD 250 and registration fee is LYD 300 per class. The same above fees are due for each additional application.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Feb 08, 2024
JAH Intellectual Property, Doha, Qatar
