Libya (LY)

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06-04-2013 (Newsletter Issue 8/13)
First Trademark Journal after Revolution Issued
The Libyan Trademark Office (LTMO) has issued the first Trademark Journal after the revolution and the resuming of its operations.
The Gazette is dated from May 20, 2013, however, it was distributed on 28 May 2013, and the opposition period ends on August 19, 2013.

Source: NJQ & Associates


05-02-2013 (Newsletter Issue 6/13)
Trademark Office Accepts TM Applications Now
The Libyan Trademark Office has started accepting new trademark applications. Please note that the first trademark applications has been already filed.

Source: JAH & Co. IP, Doha, Qatar


04-02-2013 (Newsletter Issue 4/13)
Practice of Trademark Office
The Libyan Trademark Office will resume business as usual soon. In effect any deadlines or priority dates which fell within the Libyan revolution will be taken in consideration.

The Trademark Office will start receive the search application from April 1, 2013 and filing new Mark applications will take place starting May 2013.

The requirements for filing a trademark application in Libya are:

1. A Power of Attorney. The power of attorney should be signed and notarized by the trademark owner and legalized up to the Libyan Consulate in the owner home country.
2. An extract of the entry of the applicant company in the Commercial Register (Certificate Incorporation) legalized up to the Libyan Consulate.
3. The Name, address, nationality, and business of the applicant.
4. 10 prints of the trademark.
5. If priority is to be claimed, a certified copy of the priority document issued from a country member of the Paris Convention should be submitted upon filing with other required documents.

Please note that a legalized copy of the home registration certificate of the trademark is no more required which was a must requirement in the past.

Source: JAH & Co. IP, Doha, Qatar


02-18-2013 (Newsletter Issue 2/13)
Issuances of Registration Certificates
The Libyan Trademarks Office has started to issuance Registration Certificates for trademark applications which were filed in the years 2002 and 2003.
Clients who have any application filed in these years are urged to liaise with their local agents to contact the registrar to check status of their files in order to complete any missing and be sure that the certificate is timely issued.

Source: JAH & Co. IP, Doha, Qatar


10-16-2012 (Newsletter Issue 15/12)
Certificates of Registration
The Libyan Trademark Office started issuing registration certificates in 2011, but because of civil unrest in the country the documents were kept on file without notification of the agents of record. In August 2012, the Libyan Trademark Office started distributing the issued certificates to the agents of record. This means that the registration certificates for all pending trademarks that have been accepted and published are expected to be issued in the near future.

The Office is still not functioning at a normal pace. It is currently only examining pending applications and issuing notices of acceptance. As a result, all new applications and search requests are being kept on hold until further notice.

Source: INTA Bulletin, Vol. 67 No. 17
Saba & Co., Lebanon and Jordan


12-01-2011 (Newsletter Issue 14/11)
Country Name Changed
The official country name of the former Libyan Arab Republic (also known as the Libyan Arab Jamahiriya) has been changed to 'Libya'. The International Organization for Standardization (ISO) code for Libya remains as 'LY'.

Source: Lysaght & Co., Jersey, Channel Islands


11-08-2011 (Newsletter Issue 13/11)
Trademark Office Resumes its Activities
The Libyan Trademark Office has resumed limited operations as many of the employees have resumed duty.

Source: NJQ & Associates


03-18-2011 (Newsletter Issue 5/11)
Trademark Office Not Functioning
The functioning of the Trademark and Patent Office in Libya is interrupted due to the ongoing unrest. In addition, the country is currently facing problems in internet connection and in international communication.

Source: SABA & Co.,


07-02-2010 (Newsletter Issue 12/10)
First Trademark Registration Certificate Issued
The Libyan Trademark Office has issued the first registration certificates after thirty years.

The Office didn’t announce yet when it will officially start the issuance of Registration Certificates to owners of trademarks.

Source: JAH & Co. IP


12-07-2009 (Newsletter Issue 5/09)
Classification of Products and Services Amended
Based on decision No. 316 which amends the Implementing Regulations, the classification of products and services was amended as follows:

Class 10: Veterinary apparatus and instruments were added, as they were not included in the old Implementing Regulations

Class 28: Decorations for Christmas trees and related products were deleted.



Legal basis is the Trademark Law No. 40 of 1956 and Law No. 23 of 2010 regarding Commercial Activities.
Libya is a member of the Paris Convention for the Protection of Industrial Property.
Trademark protection is obtained by registration only.
Nice classification, 8th edition.
Not included are the class 33, alcoholic goods in class 32, Christmas trees and related products in class 28.
Registrable as a trademark are all distinctive words, names, symbols, devices, colours, three-dimensional trademarks, or any combination, used or intended to be used in commerce.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
The application is filed at the Trademark Office.
A separate application has to be filed for each class.
Foreign applicants need a local agent. A power of attorney signed and stamped by the applicant’s company and legalized up to the Libyan Consulate in the applicant’s home country is needed.
Furthermore, an extract of the entry of the applicant company in the Commercial Register legalized up to the Libyan Consulate.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration is approximately 3 years.
Filing stage: It takes around 10 days from the date of submitting the document at the Trademark Office to obtain the official notice of filing trade/service mark.
Examination Stage: It takes approx. 3 to 6 days to obtain the official letter of acceptance.
Publication Stage: It takes between 12 to 18 months for publication in the Official Gazette of Trademarks (includes the applicant’s name & address, filing number and date, mark print, class).
Certification Stage: The time frame for issuing the registration certificate is not yet determined as the Libyan Trademark Office has not yet issued any certificate.
National:
The opposition period is 3 months from the publication of the trademark application.
In case the registrar refused the opposition the case will be transferred to the concerned court.


Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.
A trademark registration is valid for 10 years from the date of filing. It is renewable for further periods of 10 years each.
The grace period for renewals is 6 months after the expiration date of the trademark subject to payment of the prescribed fees and a supplemental fee prescribed by the regulations.
If the trademark has not been used within 5 years from registration, it may be cancelled by court order on request of any concerned person. Once a trademark is cancelled, it may not be registered in favour of a third party for the same products except for three years from the date of cancellation.
Filing is LYD 70.50 (approx. EUR 41.00), publication LYD 45.50 (approx. EUR 26.00), registration LYD 151.00 (approx. EUR 87.00) per class.
The same above fees are due for each additional application.
Trademark Licence Agreement
A licence agreement has to be in writing. It is mandatory under the Libyan Trademarks Law to submit a licence agreement legalised up to the Libyan Consulate in the applicant’s home country. Licensing of unregistered or pending marks is not permitted. A trademark may be licensed for some or all of the goods in respect of which the trademark is registered. The sale of a registered trademark does not automatically terminate the licence, unless this is provided for in the agreement of sale.

There are no statutory provisions prescribing the terms of licensing, except that the licence agreement must state the duration of the licence and that the terms of the licence must not exceed the term of protection of the mark.

Recordal
There are no special provisions in law for the recordal of a licence agreement. Recordal is voluntary, but advisable for enforcement purposes. The agreement is not enforceable against third parties unless recorded. There is no time frame for a recordal.

The following documents are required for a recordal:
1. A power of attorney signed and stamped with the licensee’s company stamp, legalised up to the Libyan Consulate in the applicant’s home country
2. A licence agreement legalised up to the Libyan Consulate in the applicant’s home country, stating the terms and conditions agreed upon between the two parties and the duration of the agreement
3. An abstract of the entry of the licensee company in the Commercial Register, legalised up to the Libyan Consulate

Effectiveness
Once a licence agreement is recorded in the Trademark Register and published in the Official Gazette it is effective and enforceable against third parties as of the date of application of the recordal.

Infringement Proceedings
There is an evidentiary presumption that use by a recorded licensee is permitted use if it is serious use. The licensee may not join the proprietor in infringement proceedings. He can call upon the trademark owner to institute infringement proceedings, but he may not institute infringement proceedings in his own name, if the trademark owner fails or refuses to institute such proceedings, unless this has been authorised by the owner of the mark or stipulated in the licence agreement. An infringement action can only be defended by the owner of the mark, unless the licensee is authorised by the owner to act as such or if this is stipulated in the licence agreement.
Search type First class Add. class
Word Mark Search (availability) 200,00 € 130,00 € 
Word Mark Search (identical) 180,00 € 120,00 € 

The Prices above are SMD International Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
07-21-2013
JAH & CO. IP, Doha, Qatar  

01-16-2012
tumi Law Firm, Tripolis, Libya

Licensing
07-21-2013
JAH & CO. IP, Doha, Qatar  

03-12-2012
JAH & CO. IP, Doha, Qatar  


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General Corporations and Commercial Registries Directorate Ministry of Industrial, Economic and Trade
P.O. Box 80045
Tripoli
Libya
Tel + 218 21 563 4395 / 218 91 353 17 44
Fax + 218 21 462 25 21 / 563 43 33 34
Mail elamin@nasr.ly