News & insights

Libya: Trademark Office Resumes Work

May 4, 2013

The Libyan Trademark Office officially re-opens starting May 2013, nearly two years after its services went interrupted as a result of the latest civil unrest in the country.

The most important change which has taken place in the country following the recent events is related to the Libya-Switzerland relations. Specifically, Switzerland has recently established formal diplomatic relations with the Libyan government after a three-year breakdown in relations between the two countries. The implication of this development is that it will now be possible for Swiss applicants to file new applications.

The salient features for registering a trademark in the country are as follows:

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 3 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 days for the results to be available. A separate application is required for search in each class. The search report discloses similar and identical trademarks.

Should you have any questions, or require any additional information, please do not hesitate to contact us at info@sabaip.com