FAQ

T1: Is it possible to conduct a trademark search?
Yes


T2: Does your country use the International Cclassification?
Yes, according to the International Classification of the Eighth Edition of Nice Agreement.


T3: Are there any goods or services for which the mark can not be registered?
All goods in class 33 can not be registered and pork meat in class 29.


T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
Registrations are under the heading articles of the International Classification which give protection to all goods.


T5: Can a trademark be registered in the name of more than one applicant (i.e. joint application)? If so, what are its requirements?
Yes, there are joint applications in Libya, and the requirements are the same as for one applicant.


T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
No, all the documentations should be submitted upon filing.


T7: Can one application cover more than one class of goods/services?
No, there are no multi-class applications in Libya. Every class is filed in a separate application.


T8: May priority be claimed under the Paris Convention?
Yes, it is possible.


T9: What is the term of protection of a trademark? From what date is it calculated?
The term of protection of a trademark is ten years calculated from the filing date and renewable for consecutive periods of ten years each.


T10: Is marking compulsory and, if so, how should marking be made?
No.


T11: In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration or not?
Yes he can within the grace period, which is three months.


T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
A power of attorney signed, stamped by the applicant company’s stamp and legalized up to the Libyan consulate in the applicant home country.


T13: Is use required before registration or for maintaining the registration in force?
Use is required for maintaining the registration in force.


T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
Yes, if such use will be prolonged to the other goods during the protection period.


T15: What are the types of use required?
The product should be distributed in the market


T16: Can the assignment of an application be recorded?
Yes.


T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
No, but it is preferable to record license agreements to prove the use of the mark.


T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
No, the trademark should be registered.


T19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
The assignment should be based on goodwill. The minimum value of the assignment is one dollar and there is no tax based on the value mentioned.


T20: Can the trademark application be opposed and what is the opposition period?

Yes, a trademark application can be opposed, and the opposition period is three months as of the publication date.

Address:

TAGI-UNI Building 104 Mecca Street, Um-Uthaina, Amman, Jordan

P.O. Box: 921100, Amman 11192, Jordan
Telephone: (00 962-6) 5 100 900
Fax: (00 962-6) 5 100 901
Email: libya@agip.com
Contact: Abdullah Mashal (Mr.)