Libya

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Power of Attorney

Fact Table

Country Requirements

Trademark
Patent

Required Documents:

  1. Power of Attorney (POA): notarized and legalized at the Libyan embassy.
  2. Copy of the commercial certificate translated to Arabic legalized at the Libyan embassy

Process:

  1. The registration process takes 18-24 months to be completed.
  2. A separate application should be filed for each class.
  3. 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:
  4. Accept the application, the publication fees should be settled to publish the mark in the official gazette.
  5. 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the said conditions within 6 months from the official notification date, otherwise the application would be considered withdrawn.
  6. 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decision within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
  7. 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days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.
  8. The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Required Documents:

  1. Applicant/ Inventor (s) name and address.
  2. Patent full details (Abstract, specification, full description in English and Arabic or French.)
  3. Certified copy of the priority document.
  4. Power of Attorney (POA): legalized at the Libyan embassy.
  5. Deed of Assignment (DOA): signed by the inventor(s), legalized at the Libyan embassy.

Process:

  1. Once filed, the application will be formally and substantively examined and the PTO will issue one of the following decisions:
    Complete or amend the application: the applicant has 6 months from the official notification date to comply to any amendment requested, otherwise the application will be considered withdrawn. However, the applicant may appeal the decision within 30 days from official notification date if he does not wish to amend the application.
  2. Reject the application: if the requirements were not met or the patent is non-registrable. The applicant has 30 days from the official notification date to appeal the decision before the Appeal Committee.
  3. Accept the application: accepted applications are published in the Official Gazette. Any interested party can oppose this registration within 2 months as of the date of publication.
  4. Once the application passes the publication period successfully, the certificate of registration is issued, the details will also be published in the official gazette.
  5. The protection period of a patent is 15 years, from the filing date, subject to the payment of annual fees after the publication in the Official Gazette. After the 15-year period, a patent can be renewed for another 5 years.

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