It is worth mentioning here that the activity of the Trademark Office in Libya has been characterized for the last decade by the simple operation of accepting submitted applications. Once an application is filed, the competent authorities take no further action such as examination, publication in the Official Gazette and issuance of the registration certificate. Recently, there has been a favourable reaction to reform efforts and signs that an effective industrial property system will be implemented in Libya.
Libya is a member to the Paris Convention for the Protection of Industrial Property and the Act of Stockholm of 1967. The international classification of goods for the purposes of the registration of trademarks is followed in Libya. Although, service marks are registrable, there are 12 service classes which fall under numbers 101 to 112 according to a local classification. Claiming priority is not possible for the time being. Once a trademark application is filed, it is examined as to its registrability. Should the mark lack any requirement as provided for in the law and its implementing regulations, the application will be rejected by the examiner. The applicant may appeal such a rejection of its application to a commission appointed for that purpose within thirty days as from the date of receiving the relevant official notification.
Trademark applications approved by the Registrar are published in the Official Gazette. There is a three-month period from the date of publication during which any interested party may file an opposition notice. An opposition to the registration of a published trademark should be prosecuted by either a patent attorney or a lawyer before the Registrar. The opposition case is referred to the competent tribunal if not settled by the Registrar or if either party objects to the decision issued by the Registrar. In the absence of opposition, a published trademark is registered, and the relative certificate is issued.
A trademark registration is valid for ten years from the date of filing the trademark application renewable for periods of ten years each upon application and payment of the prescribed renewal fees. A grace period of three months is allowed for late renewal of the registration of a trademark with the payment of a lateness fine.
The assignment of a trademark should be recorded. Unless it is published in the Official Gazette and entered in the records of the Trademark Office, an assignment shall not be effective vis-a-vis third parties. The assignment of a trademark must necessarily be along with the goodwill of the business concern. Changes in the name and/or address of a registrant must be recorded.
Use of trademarks in Libya is not compulsory for filing applications for registration nor for maintaining trademark registrations in force. However, a trademark registration is vulnerable to cancellation on the strength of a court decision obtained to this effect by any interested party. A cancellation action relies basically on establishing sufficient grounds that the trademark in question has not actually been used seriously for a period of five consecutive years. A trademark registration is consequently cancelled unless the owner proves that non-use of the trademark was for reasonable causes of which the court approves. The Trademark Office or any party concerned is entitled to demand cancellation of any trademark registered in bad faith.
Any infringement or unauthorized use of a registered trademark is punishable under the provisions of the current Trademark Law in Libya.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Abu-Ghazaleh Intellectual Property Bulletins
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