Trademark registration in Libya

The trademark office and official links

Trademarks in Libya are registered by the Trademark Office, Ministry of Economy.

• Trademark office: Trademark Office, Ministry of Economy
• Law: Law No. 23 of 2010 on Commercial Activities, Book Ten (Arts. 1228–1271: trademarks and commercial indications)
• Law: Decision No. 86 of 2004 amending the Implementing Regulations of Law No. 40 of 1956 on Trademarks
• Law: Implementing regulations of the trademark law (Arabic, Ministry of Economy)

Official fees in Libya

Official office fees only (schedule as of 2021-02). Official fee schedule. Professional fees of a local firm are extra — compare fixed-fee packages.

How to register a trademark in Libya

1. Optionally request a search of registered and pending marks from the Trademark Office (a search certificate confers no rights).
2. Foreign companies appoint a Libyan national agent registered in the Trademark Office's register of trademark agents.
3. File Form 1 and Form 2 with the Trademark Office, with eight prints of the mark, two A4 sheets showing the mark, a CD with the mark image and a recent commercial register extract (or establishment decision), and pay the application fee; one application covers one class.
4. The Office examines the application and may refuse it, accept it, or accept it with conditions such as a disclaimer; refusals can be appealed to a committee.
5. Accepted marks are published in the official gazette, and anyone may oppose within three months of publication.
6. If there is no opposition, or it is rejected, the mark is registered with effect from the filing date.

Examination, publication and opposition

• Examination: The Trademark Office examines each application, may hear the applicant and ask for evidence, and may refuse or impose conditions with written reasons; appeals go to a committee (implementing regulations, Arts. 9–13). No official examination time is stated.
• Publication: Official gazette (the newspaper issued by order of the Minister of Justice), under Art. 14 of the implementing regulations.
• Opposition period: 3 months from publication in the official gazette; the applicant then has 3 months from notification to respond in writing or the application is treated as abandoned (implementing regulations, Art. 15).

Protection, renewal and use

• Term: 10 years, renewable.
• Use requirement: a registration can be challenged after 5 years of non-use.
• Rights system: first to file.

Filing from abroad

• Local agent: Foreign companies must file through a Libyan national agent registered in the Trademark Office's register of trademark agents. Under the 2010 law, foreigners may apply if they have a real centre of activity in a WIPO member state or on a reciprocity basis (Art. 1231).
• Language: Arabic. Applications and documents must be in Arabic; foreign-language documents need an Arabic translation certified by the competent authorities, and the Office may require a translation and Arabic transliteration of non-Arabic words in the mark.

Firms on TrademarksHub that cover Libya can act as your local agent — see firms.

Madrid Protocol

Libya is not a member of the Madrid System, so an international registration cannot cover it. You need a national filing, usually through a local agent.

Trademark classes

45 classes numbered as in the Nice Classification (goods 1–34, services 35–45), but class 33 (alcoholic beverages) is marked as deleted in the Ministry's class list.. Each application covers one class, so file one application per class. Not sure which classes you need? See all 45 classes or classes by business type.

How Libya compares

• Opposition: 3 months from publication in the official gazette; the applicant then has 3 months from notification to respond in writing or the application is treated as abandoned (implementing regulations, Art. 15). — compare all countries
• Renewal: every 10 years — compare all countries
• Foreign owners: required — rules in every country

Guides: registering in any country · costs by country · Madrid

Good to know in Libya

• Libya is not a member of the Madrid System, so protection requires a national filing with the Trademark Office.
• Each application may cover only one class; a separate application is needed for each class.
• Class 33 (alcoholic beverages) is marked as deleted in the Ministry's list of classes.
• Famous marks are protected in Libya without registration, and identical marks must be refused (Arts. 1234–1236 of Law No. 23 of 2010).
• Ownership arises from registration and can no longer be disputed after five years of continuous use by the registrant without a valid claim against it (Art. 1229).

Questions