Trademark Registration in Libya

Trademark Registration in Libya has undergone significant changes, effective from May 1, 2024. When registering a trademark in Libya, the following points should be noted:

1. Conditions for Trademark Registration in Libya

To register a trademark in Libya, the trademark must meet the following conditions:

• It must be distinctive and capable of distinguishing the goods or services of one party from those of others.
• It must not be descriptive, generic, or easily confused with an already registered trademark.

Although it is not mandatory for the trademark to be in use at the time of registration, if the trademark is not used within five years of registration, it may be subject to cancellation due to non-use.

2. Classification of Goods and Services for Trademark Registration in Libya

Libya follows the Nice Classification for the classification of goods when registering trademarks. Each application should apply to only one class.

Regarding the classification of goods and services, Libya does not accept the registration of trademarks for certain items such as:

• Pork products under Class 29
• Alcoholic beverages under Class 32 and 33
• Some Christmas-related goods under Class 28

Therefore, applicants must be careful when classifying their goods to avoid rejection at the initial stage.

3. Trademark Search Before Registration

Although conducting a search is not mandatory, applicants are encouraged to perform a search to ensure that the trademark they intend to register does not conflict with any existing registered trademarks. This search can be conducted through the Libyan Trademark Office. It is important to note that the search is only applicable for word marks and does not apply to figurative marks or parts of a figurative mark if the trademark consists of both words and images.

4. Required Documents Trademark Registration in Libya

To register a trademark in Libya, the applicant must provide the following information:

• A sample of the trademark to be registered
• Information about the goods or services for which the trademark is being registered
• Name, address, and nationality of the applicant
• A signed and stamped power of attorney, legalized by the Libyan Consulate in the applicant’s country
• If the applicant is a foreign organization, a copy of the business registration, legalized by the Libyan Consulate in the applicant’s country.

Additionally, if the applicant claims priority based on a previous application, they must provide the relevant supporting documents, including a certified copy of the priority document.

5. Filing the Application 

The trademark application must be filed with the Libyan Trademark Office, under the Ministry of Economy of Libya. The application must be submitted in Arabic, and the registration fee must be paid upon submission.

6. Examination Procedure

The total time for registering a trademark in Libya, for a smooth case, from submission to receiving the results, takes approximately 24-28 months, as follows:

From filing the application to examination: 10-12 months

From examination to publication: 12 months

Opposition period: 3 months from the publication date

After the opposition period ends, if no opposition is filed, the trademark will be granted registration.

7. Protection Period and Renewal

A trademark registered in Libya is valid for ten (10) years from the filing date and can be renewed indefinitely for subsequent ten (10) year periods. Renewal applications must be submitted at least 6 months before the trademark expires, although late renewal can be filed within a 6-month grace period after expiration, with the payment of a late renewal fee.

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