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A new head of trademarks has effectively taken over responsibility for the Libyan Trademark Office. Following his appointment, the Executive Regulations for Trademarks has been issued by Ministry of Economy & Commerce No. 26 for 2024 issued on 17th January 2024 which regulate all the procedures regarding Trademarks. The main takeaways are as follows:
Article 3 – Limitation of Goods
Article 3 provides an updated list of goods permissible for registration within each class. Please reach out to [email protected] for the new limitations.
Article 7 – Changes in Filing Requirements
a) Allowances for Agent/Distributor Registration
If the mark to be registered includes one or more words written in a language other than Arabic, it must be legally translated into Arabic, and a statement must be made of how to pronounce it in Arabic.
b) Local Production
A statement regarding the goods for which the trademark is to be registered if they are traded in the local market, attached to documents proving the supply, or manufacturing documents if the good is manufactured locally, attached to the industrial registry. In the event that the goods for which the mark is registered are not traded, a statement to that effect is attached.
c) Allowances for Agent/Distributor Registration
In a positive step against unauthorized local registrations, if a trademark is being filed by a company’s authorized agent or distributor, it is required that the application be accompanied by a copy of the permission granted to practice the commercial agency and an official registered letter with the approval of the trademark owner to register it.
d) Sound Trademarks
It is now possible to file a trademark application for sound, and the application must be accompanied by an MP3 audio recording.
Article 11 – Publication
The publication might be electronic, and it will be announced on the Ministry of Ministry of Economy & Commerce’s official website or on an electronic platform created specifically for the publication purposes.
Article 12 – Oppositions
Any interested party may submit a reasoned written objection to the form prepared for this purpose, within 30 days from the date of publication and paying the prescribed fee. The opposition period has officially been shortened from 60 days to 30 days only. The office shall notify the applicant with a copy of the notice of opposition within 15 days from the date of his receipt of the notice, who in turn has 30 days to respond.
Article 14 – Final acceptance of registration
The decision to accept registration shall be considered final after the lapsing of the opposition period. The registration shall have its legal effect from the date of filing.
Article 23 – Committee of Appeals
The Committee of Appeals stipulated in Article 1246 of the Commercial Activity Law shall be formed as follows:
1-Undersecretary of the Ministry of Economy and Trade for Bureau and Commercial Affairs – Chairman
2-Director of the Legal Affairs Department – Member
3-Director of Corporate Administration – Member
All members must be present for the meeting to take place. The meetings are to be held once a month and a decision shall be issued in a letter from the Chairman of the Committee and is binding upon the TMO.
Article 36 – Updated Pricing
Article 36 has outlined updated official fees for trademark prosecution. There is no steady percentage increase, with the increases varying from 20% to 400% per line item. Please contact [email protected] for the new price list which is effective immediately. Further, for marks pending prosecution, an updated invoice with the increase in official fees difference shall be issued.
Article 40 – Agent Registration Recordal
In accordance with Article 40 of the regulation, the Minister of Economy and Trade has created a registry to regulate the registration of trademark agents in Libya. This record is for the purposes of registering agents, which includes the agent’s legal data and registration.
We remain committed to providing you with high-quality legal support and expertise you have come to expect from our firm. We are happy to announce that our new company in Libya has been incorporated. In order to satisfy the requirements as set out by Article 40 of the executive regulations, we request fresh POAs for all pending matters wishing to pursue continued prosecution.
Thank you for your ongoing support.
