JAH & CO .IP would like to inform their associates and clients that pursuant to a large number of clarification emails received from around the world regarding some news circulating the feasibility of renewing lapsed trademarks until December 31, 2015 leading to misinformation going viral and leading to a flurry of correspondence we hereby confirm that we have verified the matter with the Libyan Trademarks Office and have been informed that they have not issued any official Circular stating the possibility of renewing lapsed marks and that trademarks registration are renewed according to the regulation prescribed by Libyan Law.
As an update news in Libya, kindly be informed that,
- The office starting issuance the registration certificated since June 2015 for registration number from 5000 to 6000, and we have received some for our clients, regards the applications have filing number less than 5000, the office has not yet take any decision because most of them are expired.
- The office start accepting renewal applications since year 2013, and they have already issued the official notification concerning the application which already applied.
- The renewal application should be submitted in the last year of protection period which is ten years from filing date or within six months from expiration date. After the expiry of the grace period , the Registrar shall proceed to cancel the said mark from the Register and the lapsed mark cannot be restored. However, the owner of the mark can re-file a fresh application of the lapsed mark in order to pursue the protection of the mark as according to the Libyan Trademarks Law lapsed trademark for non-renewal shall not be registered in favor of other third party for use in relation in the same products for a period of 3 years from the date of cancellation.