Summary of the guide:
- Laws relating to Trademark in Libya
- Trademark registration process in Libya
- How long does it take to get a trademark registration in Libya?
- Examination criteria for trademarks in Libya
- Costs for trademark registration in Libya
- How long is a trademark protected for?
- When does the protection of a trademark in Libya start?
- What trademark classes are available in Libya?
- What are the documents required for trademark protection in Libya?
- What are important deadlines for trademark protection in Libya?
- Are international trademarks available in Libya?
- National Vs International trademark in Libya?
- Local tips for trademark registration in Libya
- Service level guarantee for trademark registration in Libya
Laws relating to Trademark in Libya
The laws relating to Trademark in Libya are governed by the Trademark Law No. 38 of 2012. This law sets out the requirements and procedures for registering a trademark in Libya.
The Libyan Trademark Office is responsible for administering and enforcing trademark laws in the country.
Trademark registration process in Libya
A smooth trademark registration generally passes through three phases:
Filing – you file the trademark at the TM department.
Publication – of filing: the trademark is published in the official gazette after filing and before it is examined substantively.
Publication – if the mark is accepted and not rejected, it will be published for 90 days (opposition period).
Registration – after the opposition/publication period ends, you can pay the final registration fees and receive your trademark certificate.
How long does it take to get a trademark registration in Libya?
It takes between 5 to 10 years to receive a trademark registration certificate.
Examination criteria for trademarks in Libya
The examination criteria are both on absolute grounds and relative grounds:
Absolute grounds for trademark refusals in Libya are:
Trademarks that are devoid of any distinctive character.
Trademarks exclusively consist of signs regularly used in trade, to refer to a type, kind, quality, quantity, intended purpose, value, geographical origin, or other characteristics relating to the goods or service the trademark is registered on.
Trademarks which exclusively consist of signs or indications that are used in the normal course of the trade.
Trademarks that are contrary to public policy.
Trademarks that are contrary to public morals and ethics.
Trademarks that deceive the public, as to the nature, quality, or source of the goods or services.
Trademarks which include public emblems, flags, and other symbols relating to the state, Arab, or international organizations, or one of their institutions, or a foreign state unless so authorized by it, as well as any imitation of such emblems, flags, or symbols.
Trademarks include symbols of the Red Crescent or Red Cross and other similar imitating symbols.
Trademarks that are similar to or resemble symbols of a purely religious character.
Trademarks are geographical names whose protection or use create confusion as to the origin or source of the goods, the products, or the services.
Trademarks are essentially the name, surname, picture, or emblem of a third party unless prior approval is provided.
Trademarks which are indications of honorary distinctions that the applicant for registration cannot prove.
Relative grounds for trademark refusals - assess whether a trademark application filed in Libya may confuse due to the similarity with a previously registered or famous trademark locally.
Costs for trademark registration in Libya
Costs relating to trademark registration are both official and professional. Official fees are fees paid to the government for processing your trademark registration and are required to be paid for each phase of the process.
Professional fees for trademark registration
Our professional fees range from USD160 to USD299 depending on the package you choose. Once you are ready to start, choose the package you want, and you will see the total official fees and professional fees for each package.
Official fees for trademark registration
In Libya the total official fee for trademark registration is USD379.
How long is a trademark protected for?
A trademark is valid for 10 years from the filing date.
When does the protection of a trademark in Libya start?
In Libya, the protection of a trademark starts from the date of applying with the Trademark Office. Once the trademark is registered, the protection period begins from the date of filing and lasts for ten years. The protection can be renewed for consecutive periods of ten years upon request and payment of the renewal fees.
What trademark classes are available in Libya?
A trademark owner who is usually referred to as an applicant has to file a trademark on each class required since Libya is not a multi-class system. Each class is considered a different trademark. An applicant can protect a trademark on all 45 classes. Every trademark is registered on a specific list of goods (products or services). In Libya, there is no limitation on the number of classes you can register your trademark on.
What are the documents required for trademark protection in Libya?
A Power of Attorney
If you are a resident or a national of Libya, then the power of attorney should be notarized.
If you are not a resident nor a national of Libya, then the power of attorney should be legalized
Trade License / Commercial Certificate / Certificate of Good Standing:
If you are a resident or a national of Libya a copy of the trade license is sufficient.
If you are not a resident nor a national of Libya, there is a requirement to submit a legalized commercial certificate (certificate of good standing)
What are important deadlines for trademark protection in Libya?
The renewal application must be filed within 6 months before the expiration of the protection period. It's important to note that if the renewal application is not filed within this period, a grace period of 6 months is allowed but with a late renewal penalty.
Are international trademarks available in Libya?
An international application cannot designate Libya.
Local tips for trademark registration in Libya
The trademark registration process in Libya can be slow, so be prepared for delays and plan accordingly.
Service level guarantee for trademark registration in Libya
If you require approval from management, you can print this page and obtain approvals. Remember to choose the package you want. If you are not a lawyer, we recommend you choose the premium package. We have individually vetted all trademark agents and have provided them with a proprietary system owned by Easy Trademarks to guarantee the level of service you will receive.
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