1 October 2024
As previously reported here, the Libyan government has recently been taking steps to ensure proper protection for trade marks in the country.
Due to the influx of new applications following the implementation of the new regulations, however, the Trade Marks Office temporarily stopped accepting new applications for a few months in order to reorganise its files and to catch up on their backlog. This now seems to have been cleared up, and the Trade Marks Office started accepting new applications again from 2 September 2024.
The Trade Marks Office has also implemented very strict requirements for supporting documents. This includes that all supporting documents must be notarised and legalised in the applicant’s home country, whereafter they must be translated into Arabic in Libya and locally attested by the Ministry of Foreign Affairs and International Collaboration to authenticate the relevant Consulate’s legalisation.
Most controversially, however, supporting documents are only valid for one year from the date of execution, and fresh legalised documents must be lodged every year in order for applications and registrations to remain valid. This requirement has understandably received backlash from trade mark owners and agents, and discussions are in progress at the Registry about reversal of this decision. In the meantime and as we are yet to receive word on the final decision, the new provision stands and fresh supporting documents need to be submitted annually.
We are continuing to monitor the situation in Libya and will keep our clients updated on further developments. Feel free to contact us should you require any assistance in the meantime.