Libyan Trade Mark Office resumes operations
The Libyan Trade Mark Office has resumed operations after two years of inactivity due to civil war followed by a period of on-going administrative issues.
The Office has been accepting search requests since 7 April 2013 and is now processing new trade mark applications. In addition, as Libyan-Swiss relations have been re-established, Swiss applicants will be able to file new applications. A new Commercial Law No. 23 of 2010 (including trade marks), which was published in the local gazette in 2010, has come into effect now that the Office has resumed operations. This replaces Law No. 40 of 1956. The implementing regulations have not as yet been promulgated and the regulations of the old law will apply until new regulations are issued.
As a result, the grace period for trade mark renewals will remain at 3 months until the new regulations are published, when the 6 month period will apply.
The document requirements for filing a fresh application are as follows:
A power of attorney, signed by the trade mark owner and legalised up to the Libyan Consulate in the applicant’s home country.
An extract of the entry of the applicant company in the Commercial Register (Certificate of Incorporation) legalised up to the Libyan Consulate.
10 prints of the trade mark.
If priority is to be claimed, a certified copy of the priority document issued from a country member of the Paris Convention.
A separate application is required for each class of goods or services.
It is no longer necessary to provide a certified copy of the home registration with the corresponding Arabic translation. The Arabic translations of the Certificate of Incorporation/Extract from Commercial Register must be prepared by a certified translator in Libya and we can arrange this on your behalf. However, if simple Arabic translations are required as a ‘stop gap’ for legalisation purposes then please let us know and we will provide them by email.
Pending applications and existing registrations will be treated according to the provisions of the new law. We will contact clients on a case-by-case basis regarding pending searches and instructions for applications ready to be filed.
For further information, please speak to your usual Spoor & Fisher contact or contact us at firstname.lastname@example.org