LIBYA

• Filing Requirements:

1. A power of attorney signed, stamped by the applicant company’s stamp and legalized up to the Libyan consulate in the applicant home country (a proper form is enclosed).One Power of Attorney can be used for filing any number of applications in the name of the same owner.

2. An extract of the entry of the applicant company in the commercial register, if the applicant is a company or a body corporate legalized up to the Libyan consulate in the applicant home country.

3. Fifteen (15) prints of the trademark.

N.B:

One Power of Attorney can be used for filing any number of applications in the name of the same owner.

All requirements should be submitted upon filing.  

A separate application is to be filed for each class of goods/services.

All documents must be translated into Arabic in Libya.

Filing applications in class 33 for Alcoholic drinks is prohibited in Libya.

The Registrar is highly strict in respect of accepting the power of attorney since it should be signed, stamped by the applicant company and the designation of the signatory should be provided.

• Time Frame:

Search results need (A maximum period of two weeks) to be issued.

The approximate time frame for completing the registration process of a trademark in Libya is from 12 – 18 months.

• Validity:

A trademark registration is valid for ten years from the date of filing the application.

 • Notes:

A separate application is to be filed for each class of goods/services.

One Power of Attorney can be used for filing any number of applications in the name of the same owner.

The Registrar is very strict in respect of accepting the Power of Attorney since it should be signed, stamped by the applicant company and the designation of the signatory should be provided.

The validity of the Certificate of Incorporation or the Extract of the company is one year as of the local attestation date of the relevant Libyan Consulate. This also includes the Power of Attorney.

Kindly note that in Libya the transliteration of English trademark is not automatically protected.

Service marks may be registered according to the 8Th edition of the Nice Classification.

• Renewal Requirements:

1. A power of attorney signed, stamped by the applicant company’s stamp and legalized up to the Libyan consulate in the applicant home country (a proper form is enclosed).One Power of Attorney can be used for filing any number of applications in the name of the same owner.

2. Copy of the final registration certificate or last renewal certificate.

• Notes:

The validity of the trademark registration in Libya is ten years as from the filing date. Thereafter, a trademark registration is renewable for further consecutive periods of ten years each. 

The renewal fees of a trademark registration can be paid during the last 12 months of the current protection period. There is a 6 months grace period within which a late renewal application can be filed, but such a late renewal application is subject to the payment of additional fees.

• Requirements for Recordal of Change of name/address/legal status:

1. A Power of Attorney signed, stamped by the applicant company’s stamp Duly Notaized & Legalized by the Libyan Consulate in the applicant home country.

2. A certificate indicating the change of name or address Duly Notarized & Legalized up to the Libyan Consulate in the applicant home country.

3. A certificate of incorporation or an extract of the entry of the applicant company in the Commercial Register (with new name or address) duly Notarized & Legalized up to the Libyan Consulate.

• Requirements for Recordal of assignment or merger:

1. A Power of Attorney signed and stamped by the applicant company Duly Notarized & Legalized up to the Libyan Consulate in the applicant home country.

2. An extract of the entry of the assignee company in the Commercial Register, or Certificate of Incorporation if the applicant is a company or a corporate body Duly Notaized & Legalized up to the Libyan Consulate in the applicant home country.

3. A Deed of assignment signed, sealed by the official stamp of assignee company Duly Notaized & Legalized up to the Libyan Consulate in the applicant home country.

• Requirements for Recordal of Pledge:

1. A Power of Attorney signed and stamped by the applicant company Duly Notarized & Legalized up to the Libyan Consulate in the applicant home country.

2. Original document certifying the trademark registration pledge. The original document should be signed by the two parties with handwritten signatures, Duly certified by a Notary Public and legalized up to a Libyan consulate. Said certification must mention, at least, those elements required in the application statement as well as the specification of the proprietor of the affected right.

• Notes:

The agent for service is the only party that has the right to take actions in respect of a trademark; thus, the change of agent name and address is automatically recorded while providing a POA for  the service in question.