In our Circular No.365 dated August 2003, we reported the reorganization of the Libyan Trade Marks Office.Since then it has been possible to file new trade mark applications. The filing and prosecution process has been hampered by the absence of clear guidelines about filing requirements, and procedures have been frustrating and cumbersome. However, most of the problems now appear to have been resolved, and detailed advice concerning filing requirements may be obtained from email@example.com, or through your usual contacts at the Jersey office. There has been much speculation as regards the possible reversal of the decision to regard all applications filed between 1981 and 2002 as having been cancelled. However, there is no firm evidence to suggest that this will occur in the foreseeable future, if at all. In view of the continued uncertainty, we believe that the most prudent course of action is to file fresh applications for at least core marks in this category.
The authorities have indicated that owners may apply for the revalidation of pre-1981 cases, provided they are able to meet certain criteria for the reconstitution of the official files. We will be happy to explore each case on its own merits, and to make enquiries as appropriate.
Click here for Libya Filing Requirements.
Spoor & Fisher