Libya

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

Trademark registration classification:

Nice Classification

 Requirements:

  • Details of the trademark owner (name, address, registration number)
  • Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
  • The details of goods and/or services for witch the trademark will be registered or the classes in case they are known.
  • Power of attorney legalized up to the Libyan Consulate. 
  • Legalized extract of the commercial register or certificate of incorporation.
  • Certified copy of Home Registration Certificate, in case there is no home certificate, an alternative documents may be offered to the Registrar and he will decide case by case.
  • In case that priority is claimed, the certified copy of the priority document will be filed simultaneously with the application.
  • Notes:Legalization of documents by the Libyan Consulate abroad must be done form the original country of the applicant and it is no longer accepted to be issued or authenticated from another country. As of 27 June 2004 the local classification of services is not valid. In class 33 of alcohol products a trademark cannot be registered.

Procedure:

  • A trademark application has to be filed before the Trademark Office by a local agent. 
  • The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. 
  • After acceptance, the trademark is published in the Libyan Official Gazette. 
  • The opposition period is within 3 month following publication
  • It takes approximately 3 years from first filing to registration.

Duration and Renewal: A trademark registration in Libya is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

 

 Fee Structure
          
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