Libya is a member of the Paris Convention for the Protection of Industrial Property and follows the Nice International Classification of Goods and Services. The law grants no protection to marks covering alcoholic beverages in Classes 32 and 33 or pork in Class 29. Service marks are registrable in accordance with the 8th edition of the Nice Classification.
The Libyan Trademark Office recently implemented a new registration system under which all applications filed before August 2002 were deemed ineffective; new applications must therefore be filed to secure legal protection for applications lodged before that date.
Once filed, an application is examined for registrability. If the mark fails to satisfy any requirement of the law or its implementing regulation, the examiner refuses the application; the applicant may appeal the refusal to a committee appointed for that purpose within 30 days of official notification. Applications accepted by the Registrar are published in the Official Gazette, with a three-month window from publication for any interested party to file an opposition. Oppositions must be filed with the Registrar through a patent agent or a lawyer. If the Registrar does not resolve the opposition, or either party contests his decision, an appeal lies to the competent court. Where no opposition is filed, the published mark is registered and the certificate is issued.
Protection runs for 10 years from the filing date and is renewable for equal 10-year periods upon application and payment of the prescribed fees, with a three-month grace period for late renewal against a fine.
Assignments must be recorded; unless published in the Official Gazette and entered with the Trademark Office, an assignment has no effect against third parties. The assignment must be accompanied by the business, and changes to the owner's name and address must be recorded.
Use is not a condition for filing, though it is required to maintain the registration. A mark becomes vulnerable to cancellation by court decision upon the request of any interested party who proves continuous non-use for five years. Proof of non-use leads to cancellation unless the owner establishes reasonable causes accepted by the court. The Trademark Office or any interested party may seek cancellation of any mark registered in bad faith.
Infringement of registered trademarks, or their use without licence, is punishable under the current Libyan trademark law.
Trademark/Service Mark Applications
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