The following article shall guide you through the trademark registration steps that applicants should know before officially filing their trademark in Libya.
The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Libya. Moreover, The country is a member of the Paris Convention for the Protection of Industrial Property.
The trademark law does not provide protection of trademarks covering pork meat in class 29 and alcoholic drinks in classes 32 and 33 where the registration for those classes is not permissible, as for the service marks they can be registered according to the 8th Edition of the Nice Classification.
Trademark registration is valid for 10 years from the date of filing the trademark, a grace period of 3 months is allowed for the late renewal of the registration of a trademark with the payment of a lateness fine. it is worth mentioning that any infringement or unauthorized use of a registered trademark is punishable under the provisions of the current trademark law in Libya.
Libya Trademark Registration Process
Upon filing the application, it will be examined as to the formalities, i.e. either presenting the documents required for filing, the payment of the application fees and compliance with the requirements of the application form.
After passing the formal examination, the Trademark Office will start the examination as to the feasibility of the mark registration in Libya and whether it conflicts with any prior rights. according to the findings in the examination report, the official decision is issued.
If the mark has been accepted, it will be published in the Official Trademark Gazette, and after the lapse of the opposition period, the certificate of registration will be due for issuance. In case the mark is rejected an appeal may be filed within 30 days.
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The application process could be concluded within 3-5 working days from the date of receiving the original required documents, However, the examination by the Trademark Office could take from 5-8 months in order to obtain the official letter of acceptance, the entire registration process till publication takes around 18 months to be concluded.
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