Trademarks: Libya

General Information

International Agreements : Paris Convention

Classification : International Classification (Classes 1-45); Single-Class Filing

What is Registrable : Trademarks, Service Marks (See below) and Associated Marks.

What is Not Registrable : The Trademark Law does not provide for the protection of trademarks covering alcoholic drinks in classes 32 and 33 and pork meat in class 29.

Priority under Paris Convention : Yes
Examination : Marks are examined as to its registrability
Publication : Yes – in the Official Gazette
Opposition : Yes – within 3 months as of publication date (No extensions are permitted).

Time Frame for Registration : 18 months
Registration Term : 10 Years from filing date
Renewal Term : 10 Years
Grace Period for Renewals : 3 months with a payment of fine

Use Requirement : Use of trademarks in Libya is not compulsory for filing applications neither for registration nor for maintaining trademark registrations in force.

Cancellation : A cancellation action relies basically on establishing sufficient grounds that the trademark in question has not been effectively used for a period of five consecutive years.

Marking Requirements : None

Assignments - Must Assignments be recorded ? No
Can pending applications be Assigned ? No

Licenses - Must Licenses be recorded ? No
Can pending application be Licensed ? No


Filing Requirements

Trademark/Service Mark Requirements

  1. A power of attorney signed, stamped by the applicant company’s stamp and 
    legalized up to the Libyan Consulate in the applicant home country. 
  2. An extract of the entry of the applicant company in the commercial register or a 
    copy of the certificate of incorporation, if the applicant is a company or a body 
    corporate legalized up to the Libyan Consulate in the applicant home country. 
  3. A Certified copy of the home Registration certificate. 
  4. Fifteen (15) prints of the trademark.

NOTE: All required documents should be submitted upon filing.

Renewal of Trademark/Service Mark Requirements

  1. A power of attorney signed, stamped by the applicant company’s stamp and 
    legalized up to the Libyan Consulate in the applicant home country.
  2. The number and date of registered trademark/service mark.

Assignment Recordal Requirements

  1. A power of attorney signed, stamped by the assignee company’s stamp and 
    legalized up to the Libyan Consulate in the applicant home country.
  2. An extract of the entry of the assignee company in the commercial register or a 
    copy of the certificate of incorporation, if the assignee is a company or a body 
    corporate legalized up to the Libyan Consulate in the applicant home country. 
  3. A deed of assignment signed, stamped by the assignee company’s stamp and 
    legalized up to the Libyan Consulate in the applicant home country.

License Recordal Requirements

  1. A power of attorney signed, stamped by the licensee company’s stamp and 
    legalized up to the Libyan Consulate in the applicant home country.
  2. A license agreement legalized up to the Libyan Consulate in the applicant home country.
  3. An extract of the entry of the licensee company in the commercial register or a copy of the certificate of incorporation, if the licensee is a company or a body corporate legalized up to the Libyan Consulate in the applicant home country.

Change of Name/Address Requirements

  1. A power of attorney signed, stamped by the applicant company’s stamp and 
    legalized up to the Libyan Consulate in the applicant home country. 
  2. A certificate indicating the change of name or address legalized up to the Libyan 
    Consulate in the applicant home country.

 

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