Libya streamlines regulations and updates non-renewed trademarks

The Director of the Libyan Trademarks Office has issued an official decision, marked as No. 335 of 2024, aimed at streamlining trademark regulations in the country.

This significant decision mandates the cancellation of all published trademarks that have not been renewed within the legal renewal deadlines as delineated in Article 1257 of the Commercial Activity Law No. 23 of 2010. This article outlines the following vital provisions concerning trademark protection:

  • Protection Period and Renewal: Registered trademarks are afforded a protection period of ten years, renewable for an identical period or periods upon the request of its owner, including within the last year of the protection period.
  • Renewal Request Timeline: The owner of the mark may request a renewal within six months from the date of expiry of protection thereof, failing which, the trademark office shall ex officio cancel the trademark.
  • Re-registration Procedure: A trademark shall be re-registered in favor of its owner exclusively within three years from the date of the cancellation, following the prescribed conditions and the same procedure of registration.

This decision specifically targets trademarks published before 2021 (with trademark numbers below 22100). It is noteworthy that no trademarks were published in 2022 and 2023, respectively. Moreover, this decision is grounded on the principle that published trademarks are virtually considered registered and should be renewed before the expiry of the ten-year protection period, even if no registration certificate was issued. Trademarks published in 2024 are exempt from this cancellation.

 

The decision, effective immediately upon its issuance date, underscores the commitment of the Libyan Trademarks Office to uphold the integrity of trademark regulations and promote adherence to renewal deadlines.

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