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Amendments to Trademark Laws

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Feb 25, 2024 (Newsletter Issue 2/24)
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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.