On 14 February 2024, the Libyan Office of the Ministry of Economy issued guidance number 694,3.2.5 updating the requirements relating to the filing of trade mark applications in this territory. This comes subsequent to the Ministry issuing Resolution No 26 of 2024 (Changes at the Libyan Trade Marks Office and the new Executive Regulations no. 26 for 2024 – Adams & Adams).
- Legalisation: All official documents must be notarized and legalized up to the Libyan Consulate where the applicant is located. Official documentation must be locally attested by the Ministry of Foreign Affairs and International Cooperation in Libya in order to confirm the validity of the legalisation of Libyan embassies abroad.
- Arabic: All documents must be translated into Arabic.
- Supporting documents required at time of filing: All original supporting documentation is required at the time of filing a trade mark in Libya. Extensions of time for the filing of supporting documents are not possible. The supporting documentation required for the filing of an application is as follows:
- POA: Power of Attorney (POA) containing the full name and address of the applicant, incorporating an Arabic translation. In addition, the Libyan embassy in the applicant's home country may require a copy of the signatory's ID to be attached to the POA before the document will be legalised. It is important to note that the POA must be executed by an authorized representative of the applicant whose name is listed in the Commercial Registration or Certificate of Incorporation. The POA is only valid for one year from the date of signature and is thereafter required to be renewed annually.
- COI/Extract from Commercial Register: an official extract from the Commercial Register or Certificate of Incorporation is required. The document may not be older than one year and must be accompanied by an Arabic translation and legalised as above*
- Commercial data: A copy of the applicant's commercial data from the relevant commercial registry, e.g. shareholders, name, address, capital, origin of the goods and production data. Although not a listed requirement, the Registrar has recently asked for product photos – it is recommended that the photos be provided at the time of filing.
- Commercial register number: The applicant's commercial register number must be included on the trade mark application.
- Arabic translation of applicant's name: The applicant's name must be translated into Arabic in the trade mark application.
- Arabic translation of trade mark: Non-Arabic trade marks must be translated into Arabic with the correct pronunciation.
- Libyan Standard Specification: An undertaking stating that all registrable goods are compatible with the Libyan Standard Specification.
- Statement of Use/Non-Use: A statement attesting to the fact that the goods for which the trade mark is to be registered, are sold locally and providing related proof of sale/supply/manufacture, together with an Arabic translation. A statement will also be required where the related goods are not yet sold in Libya.
- Priority: If priority is claimed, a certified copy of priority document, together with a verified Arabic translation, legalised as above*.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
