Libya Trademarks

Filing Requirements:

1. Power of attorney, legalized. A general power may be used for subsequent filings.

2. Certificate of incorporation or extract from the commercial register, legalized, with sworn Arabic translation.

3. Copy of priority document, if priority is claimed, certified.

4. 10 prints of the mark for each application.

* Items 1, 2 and 4 must be submitted at the time of filing.

* Document 3 may be submitted within 3 months from filing date.

Classification:

The International Classification of Goods and Services (8th Edition) is followed. However, class 33, alcoholic goods in class 32, and Christmas trees and related products in class 28 can not be registered in Libya. A separate application is required for each class.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette before registration. Oppositions may be filed within 3 months from publication date.

Extension Of Time:

Extension of time for oppositions/counter oppositions or for responding to office actions is not possible.

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge.

Documents Required For Renewal:

  • Power of attorney, legalized.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation if there has been no effective use of the mark for a period of 5 consecutive years.

Search:

An official search may be conducted for word marks and devices. It takes approximately 5 to 6 weeks for the results to be available. A separate application is required for search in each class. The search report discloses similar and identical trademark registrations.

Assignment:

* Trademark applications and registrations may be assigned only with the goodwill of the business concerned.

* Documents required:

  • Power of attorney from the assignee, legalized.
  • Deed of Assignment, together with goodwill of the business, legalized, with sworn Arabic translation.
  • Certificate of incorporation or extract from the commercial register, legalized, with sworn Arabic translation.

Change Of Name/Address:

* A change of name/address may be recorded for trademark applications and registrations.

* Documents required:

  • Power of attorney, legalized.
  • Certificate of change of name/address from Home Registry, legalized.

Licensing:

* License recordal is compulsory in order to be effective against third parties.

* Documents required:

  • Power of attorney, legalized.
  • License agreement, legalized, with sworn Arabic translation.
  • Certificate of incorporation or extract from the commercial register, legalized, with sworn Arabic translation.

Merger:

* A merger may be recorded for trademark applications and registrations.

* Documents required:

  • Power of attorney, legalized.
  • Certificate of merger, legalized, with sworn Arabic translation.
  • Certificate of incorporation or extract from the commercial register, legalized, with sworn Arabic translation.

Marking:

Marking is not compulsory.

Cancellation:

A trademark may be subject to cancellation by any interested party within 5 years from the date of registration.

Registration Time Frame:

The time frame for completing the registration process is 12 to 18 months.

Three Dimensional Trademark Applications:

Acceptable.