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LIBYA TRADEMARKS - JAH CO.IP
LIBYA TRADEMARKS

Trademarks Application Requirements:

A power of attorney signed and stamped by the applicant company and legalized up to the Libyan Consulate in the applicant home country (a proper form is enclosed herewith).

An extract of the entry of the applicant company in the Commercial Register, or Certificate of Incorporation if the applicant is a company or a corporate body legalized up to the Libyan Consulate in the applicant home country.

The Name, address, nationality, and business of the applicant.

A certified copy of the priority document issued from any member country of Paris convention if the priority is to be claimed.

Fifteen (15) prints of the trademark.

 

Important Notes:

One Power of Attorney can be used for filing any number of applications in the name of the same owner.

All requirements should be submitted upon filing.

A separate application is to be filed for each class of goods/services.

All documents must be translated into Arabic in Libya.

Arabic translation of any document is available at our end ($ 20.00 per page)

Filing applications in class 33 for Alcoholic drinks is prohibited in Libya.

Applications in Libya are filed under the class heading of the international classifications, not according to the specifications applied.

The Registrar is highly strict in respect of accepting the power of attorney since it should be signed, stamped by the applicant company and the designation of the signatory should be provided.

 

Time frame from filing a trademark application up to registration, on average, in the normal course of action; i.e.  in case that no office action is raised by the trademark registrar or oppositions are lodged by third parties:

Filing up to Examination : 10-12 months

Examination up to Publication : 12 months

Opposition Period : 3 months from publication date

End of Opposition Period up to Issuance of Registration Certificate : The Office has recently decided on the final form of the Libyan trademark registration certificate. This means that the Office is now seriously working on issuing the registration certificates of all pending applications

 

Renewal Requirements:

A power of attorney signed and stamped by the applicant company and legalized up to the Libyan Consulate in the applicant home country (a proper form is enclosed herewith).

 

Note: The renewal fees of a trademark can be paid during the last year of the ten years period from the filing date. There is a grace period of 6 months in which the renewal fees can be paid with a lateness fine.

 

Trademark Search Requirements:

Prints of the trademark.

List of goods or services to be covered by the search application and class number

pertaining thereto.

 

Time frames for trademark actions:

7 working days from the date of submission the application with its complete

documents to the Libyan Trademarks Office to obtain the official notice of filing

trademark/service.

20 – 30 working days to obtain the official letter of acceptance.

6 to 8 months for publication in the Official Gazette, and any interested part may file an opposition within 3 months from publication date.

14 – 16 months for publication date to obtain the Certificate of Registration.

 

Trademarks Renewal Requirements:

A power of attorney signed and stamped by the applicant company and legalized up to the Libyan Consulate in the applicant home country (a proper form is enclosed herewith).

The corresponding number and date of registered trademark.

 

Trademarks Assignment/Merger Requirements:

A power of attorney signed and stamped by the applicant company and legalized up to the Libyan Consulate in the applicant home country (a proper form is enclosed herewith).

An extract of the entry of the assignee company in the Commercial Register, or Certificate of Incorporation if the applicant is a company or a corporate body legalized up to the Libyan Consulate in the applicant home country.

A deed of assignment signed, sealed by the official stamp of assignee company and legalized up to the Libyan Consulate in the applicant home country.

 

Trademarks Pledge Requirements:

A power of attorney signed and stamped by the applicant company and legalized up to the Libyan Consulate in the applicant home country (a proper form is enclosed herewith).

Original document certifying the trademark registration pledge. The original document should be signed by the two parties with handwritten signatures, duly certified by a Notary Public and legalized up to a Libyan consulate.  Said certification must mention, at least, those elements required in the application statement as well as the specification of the proprietor of the affected right.

 

Change of Name and/or Address Requirements:

1 A Power of Attorney signed, stamped by the applicant company’s stamp and legalized by the Libyan Consulate in the applicant home country.

A certificate indicating the change of name or address legalized up to the Libyan Consulate in the applicant home country.

A certificate of incorporation or an extract of the entry of the applicant company in the Commercial Register (with new name or address) legalized up to the Libyan Consulate.

 

Opposition procedures:

It is important to note that, at this stage, the official examiner is no longer involved with the application.  The opposition to the grant of a trademark application may be filed by the owner of previously registered trademark or of a well-known trademark or by any other owner of previously registered intellectual property rights: trademarks, company names, domain names, author’s rights, etc.  The opposition must be filed in writing and accompanied by payment of the official opposition fee. If the fee is not paid, the opposition is not taken into consideration by the Office.  The opponent has to prove that there are valid grounds as to why the trademark applicant is not entitled under law to register or to continue holding the mark.  The grounds of opposition must contain a statement showing how the petitioner would be damaged by the registration of the pending trademark, as well as a statement of the grounds for opposition.  An opposition can be filed based on absolute or relative grounds. The absolute grounds may be based on a descriptive or non-distinctive character of the trademark filed for registration, on a conflict with official signs, etc.  The relative grounds state that a trademark is confusingly similar to an existing registered trademark or that it conflicts with an existing prior common law rights established. An opposition based on relative grounds can only be filed by an owner of any prior relative rights. The owner of a pending application is given a notice of opposition” (a copy of the opponent’s claims) and should submit an answer to an opposition filed before the Patent and Trademark Office within one months from receiving date of notification letter from TM office. If he does not submit a counter-statement, his trademark application is dismissed.  The defense usually consists of a number of simple denials of the notice of opposition. There is no official fee to be paid for filing the counter-statement.  An opposition decision may not be appealed.

A legalized POA is required for filing an opposition; it is possible to file the opposition with copy of POA (simply signed) and the original should be submitted within a month, but copy of all other supporting document should submitted with opposition applications and if any original may be submit later.

Trademark License Agreement
A license agreement has to be in writing. It is mandatory under the Libyan Trademarks Law to submit a license 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 license, unless this is provided for in the agreement of sale.

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

 

Recordal
There are no special provisions in law for the recordal of a license 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:
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
A license agreement legalized 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
An abstract of the entry of the licensee company in the Commercial Register, legalized up to the Libyan Consulate

 

Effectiveness:
Once a license 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 authorized by the owner of the mark or stipulated in the license agreement. An infringement action can only be defended by the owner of the mark, unless the licensee is authorized by the owner to act as such or if this is stipulated in the license agreement.