Requirements

Libya Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   15 years
Are there any annuity fees to pay?   Yes every 5 years

Libya Design Process

One application can cover only one design.
The process from filing to issuance of certificate is for a period of 1 to 2 years. 
No annuities 
The design registration is valid for 5 years. 
Renewal is allowed twice for 5 years.

Libya Design Requirements

Summarized description of the design.
Applicant info (name and address).
Power of attorney (POA): Original should be notarized and legalized.
Deed of assignment if the applicant is not the designer.
A certified copy of the priority document in case claimed.
Copy of the commercial certificate document is required.

Libya Patents FAQ

Is the country part of PCT?   Yes
Is any translation required?   Yes
Is there collaboration between all Arab Countries? (Is there any convention that provides protection for patent in more than one Jurisdiction?)   Yes. The GCC, and Lybia is not part of it
For how long is a Patent protected?   20 years
What is the duration of examination?   2 years
Are there any annuity fees to pay? If yes, when are the annuities due for payment?   Yes. Upon Filing
Can I obtain a patent on a software-related invention?   No
Is it possible to obtain extension of the term of protection in the country?   No
Are there examination procedures in this country?    Yes formalities and substantive

Libya Patents Process

The process from filing to issuance of certificate is for a period of 2 to 3 years. 
Annuity fees must be paid starting the filing date. A 6 month grace period is given for a late annuity.
Based on the type of patent, the protection is 10 years for chemical Patent and 15 years for others.

Libya Patents Requirements

Copies of the patent application which should include:
- Title of invention
- Full description of the invention covering:
     a- Name of the invention in the beginning of the line.
     b- Technical Field.          
     c- Technical Background.
     d- Revelation of the patent.
     e- Description of the drawings, if any.
     f- The instrument used to carrying our invention.  
     g- Way of carrying our invention in industrial.
- Claims
- A copy of the PCT application
- A copy of the PCT publication
- A copy of the international search report
- Drawings
- Abstract
- Three copies of the specification in Arabic (the translation will prepared locally)
A list of the home and/or foreign applications stating:
 Whether or not the invention has been filed in other countries (including the home country); if yes provide the following:
      a- Country of filing
      b- Application number(s) and filing date (s).
      c- Publication number (if any) and date of publication.
      d- Date patent was granted, and certificate number.
      e- Class of the patent in accordance with the International Classification.
Applicant info (name and address)
Power of attorney (POA) -  notarized and legalized
A Certificate of Incorporation legalized at the Libyan Consulate
Certified copy of the priority document, in case claimed
Deed of assignment  -  legalized at the Libyan Consulate
Arabic translation

Libya Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Law No. 23 of 2010 pertaining Commercial Activity

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the TRIPS Agreement?   

A: No

Q: Which classification of goods/services does the country adopt?    

A: 8th Edition of Nice Classification

Q: Are there any restrictions or limitations on the list of goods?

A: Yes, the below goods and services cannot be registered:

  • Pork and related products
  • Alcoholic beverages and related products
  • Bar and night club services

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: If we register in one GCC country does it mean we are protected in the country?   

A: No, there is no cooperation treaty for trademarks in the GCC.

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period?

A: No, however any interested third party can file a cancellation action against your trademark registration if the mark was not used for 5 consecutive years.

Q: If the applicant failed to renew the mark, can any third party register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of three years from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?  

A: Yes

Q: Are there any specific custom procedures in the country?   

A: Yes

Libya Trademarks Process

Trademark Registration: 

  • The registration process takes 18-24 months to be completed.
  • A separate application should be filed for each class.
  • The application will be examined by the TMO within a period of 4-6 months. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the publication fees should be settled to publish the mark in the official gazette.
    • Conditionally accept the application, you may appeal the decision within a period of 30 days from the official notification date or comply with the said conditions within 6 months from the official notification date, otherwise the application would be considered withdrawn.
    • Reject the application, you may appeal the decision within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
  • Any interested third party can oppose the publication of the trademark application within 90 days from the date of publication in the official gazette. The applicant has 90 days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • A separate application should be filed for each class.
  • The renewal application should be filed within the last year of the valid protection period.
  • A 3 months grace period after the expiry of the valid protection period is granted for filing late renewal, however it is subject to late penalty fees.
  • After recording the renewal in the TMO database, you may proceed with settling the publication fees to publish the renewal in the official gazette.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The renewal certificate will be issued afterwards.
  • The trademark renewal is valid for another 10 Gregorian consecutive years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • A separate application should be filed for each class.
  • A change of agent should be filed and published in the official gazette in order to ensure formality requirements are met.
  • After recording the change in the TMO database, you may proceed with settling the publication fees to publish the change in the official gazette.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The change certificate will be issued afterwards.

Trademark Assignment: 

  • A separate application should be filed for each class. 
  • A change of agent should be filed and published in the official gazette in order to ensure formality requirements are met. 
  • After recording the assignment in the TMO database, you may proceed with settling the publication fees to publish the assignment in the official gazette.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The assignment certificate will be issued afterwards.

Libya Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the goods to be covered by the application (Classes) - translated to Arabic.
  • Power of Attorney (POA): Original should be notarized and legalized at the Libyan embassy and submitted at filing. (Late submission fees apply)
  • A certified copy of the priority document in case claimed should be provided within 3 months of filing date.
  • A copy of the commercial certificate translated to Arabic legalized at the Libyan embassy and submitted at filing. 

Trademark Renewal:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Power of Attorney (POA): Original should be notarized and legalized at the Libyan embassy and submitted at filing. 
  • A copy of the commercial certificate translated to Arabic legalized at the Libyan embassy and submitted at filing.

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the change specifications. 
  • A document proving the change of name and/or address translated to Arabic and legalized at the Libyan embassy and submitted at filing
  • Power of Attorney (POA): Original should be notarized and legalized at the Libyan embassy and submitted at filing. 
  • A copy of the commercial certificate translated to Arabic legalized at the Libyan embassy and submitted at filing.

Trademark Assignment:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the assignment specifications. 
  • An assignment document translated to Arabic and legalized at the Libyan embassy. 
  • Power of Attorney (POA): Original should be notarized and legalized at the Libyan embassy and submitted at filing. 
  • A copy of the commercial certificate translated to Arabic legalized at the Libyan embassy and submitted at filing.

Morocco Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic or French
For how long is an Industrial Design protected?   15 years
Are there any annuity fees to pay?   Yes every 5 years

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