General Information
| Trademark Information
| Type of Trademarks: | Marks for goods, Service marks or production marks.
| Type of Applicant: | Company, Individual or Jointly.
| Registrable Elements: | Character, Chinese characters, Three-dimensional shape, Figure Sign, Claiming colour, Claiming priority or Combination of colours.
| Term of Protection: | 10 Years from filing date and renewable for 10 years within 12 months before expiry or 6 months after expiry with surcharge.
| Priority Deadline: | 6 months from the priority application filing date.
| Classification: | 9th Edition – Single class application, Use of class headings, Designation of retail services and Addition to class heading (Class 33, alcoholic goods in Class 32, pork meat in Class 29 and products related to Christmas trees cannot be registered).
| Search: | Applicable for Word marks, device marks and Chinese characters.
| Examination: | Formal and Relative grounds.
| Recordation Applicability: | Applications, Registrations, Partial recordation.
| Time Frames (Up To): | Search: 10 days. Registration: 48 months. - Filing to Examination decision 3 months - Examination decision to Publication 36 months - Publication Opposition Period 3 months - Registration to Certificate Issuance 6 months Renewals: 6 months. Recordation: 6 months. Appeal: 24 months. Opposition: 24 months.
| Declaration of Use: | Not applicable.
| Letter of Consent and Disclaimers: | Acceptable to overcome refusal.
| Cancellation Action: | Applicable for Non-use for a period of 5 years from the Registration before the Courts.
| Infringement Measures: | No provision
Filing Requirements
- Power of Attorney duly legalized up to the Libyan Consulate. (Required at the time of filing) ·
- An Extract from the Commercial Register or a Certificate of Incorporation duly legalized as above. (Required at the time of filing) ·
- Certified copy of the priority document, if priority is claimed. (May be submitted within 60 days from the filing date)
Renewal Requirements
Power of Attorney duly legalized up to the Libyan Consulate. (Required at the time of filing in case we are not the agent of record)
Assignment Requirements
- Power of attorney signed by the assignee duly legalized up to the Libyan consulate.
- Deed of assignment signed by both parties duly legalized as above.
- An Extract from the Commercial Register or a Certificate of Incorporation duly legalized as above.
License Requirements
- Power of attorney signed by the licensee duly legalized up to the Libyan consulate.
- License agreement signed by both parties duly legalized as above.
- An Extract from the Commercial Register or a Certificate of Incorporation duly legalized as above.
Merger / Mortgage Requirements
- Power of Attorney duly legalized up to the Libyan Consulate.
- Certificate of merger / mortgage duly legalized as above.
- An Extract from the Commercial Register or a Certificate of Incorporation duly legalized as above.
Name/Address Requirements
- Power of Attorney in the new name/address duly legalized up to the Libyan consulate.
- A certificate issued by the competent authorities evidencing the changes or an affidavit proving the changes duly legalized as above.
- An Extract from the Commercial Register or a Certificate of Incorporation duly legalized as above.
Appeal / Opposition Requirements
- Power of Attorney duly legalized up to the Libyan Consulate. (Required at the time of filing)
- Any document to show prior use in the stated jurisdiction or neighbouring countries.
- Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries.
- The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries.
- Extracts from bills/invoices, etc., from the year of inception of the company.
- Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries.
- Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.