Overview of Trademark Registration Procedures
Intellectual Property registration in Libya is carried out by the Patent and Trademark Office, a division of the General People's Committee for Economy and Trade.
Libya is a signatory to the Paris Convention for the Protection of Industrial Property and the Act of Stockholm of 1967.
International classifications of goods is followed in Libya ; however, certain goods, such as alcoholic drinks/products and pork meat, are not eligible for trademark registration in Libya .
Under the local classification system, there are 12 service classes, falling under the numbers 101 to 112.
When an application for a trademark registration is filed, the Patent and Trademark Office will examine the application, determine whether it is in conformity with existing law and regulations, fulfills all existing requirements, and then register it in the Official Gazette.
In the event the Registrar denies approval of the application, an appeal may be launched to a select committee within 30 days of receipt of official notification.
If published in the Official Gazette, a 90 day period will be provided for members of the public to file an objection notice.
In the event of Objection, the Registrar will mediate between the Parties and their lawyers, and issue a decision. If the decision is questioned by either party, it will be referred to a competent Trademark tribunal.
Trademark registration lasts for 10 years from date of filing; renewable at 10 year periods amid payment of renewal application fees.
Assignments must be recorded. Unless registered and on file at the Patent and Trademark Office, or published in the Official Gazette, assignments vis-à-vis third parties will not be officially approved.
Trademarks do not have to be in actual use in Libya to be registered, but they must be registered in good faith, with the intention of use.
Cancellation notices can be filed by interested parties and enforced by court decision, on the grounds of nonuse for 5 consecutive years, or bad faith; unless the owner can satisfactorily prove that nonuse was for a reasonable reason acceptable to the Patent and Trademark Office.
Infringements or unauthorized use of registered trademarks is punishable according to the provisions laid out in the Trademark Law, and its amendments.
The Trademark Law, its regulations, and requirements for Trademark/Service Mark applications are being revised, edited, and amended constantly. For the full current Trademark Laws, amendments, and Trademark application requirements, please contact us. .
