Monday, 21 December 2015

Libya - can you renew an expired registration?

There was a flurry of news in October and November about the Libyan Trade Mark Office (see here). News has arrived today by email from Beit Al-Khebra Intellectual Property who are based in Libya which appears to bring some clarity to the question of whether it is possible to renew an expired trade mark registration. The news reads:

Dear Sirs,
Greetings form Beit Al-Khebra Intellectual Property.

We have received several inquiries about what has lately been published by some IP Agents regarding the trademarks Registrar confirmation of the possibility to submit renewal applications in respect of expired trademarks, regardless to their expiry date, until 31 December 2015 and that after said date, all expired trademarks will be treated as cancelled.

In this regard, we would like to clarify the following:

As per article 1257 of the Commercial Act number 23 of the year 2010 which stated "The protection period of a registered trademark is ten years. The registration could be renewed for a similar period or periods according to the applicant during the last year of the protection period. The applicant may submit a renewal application after the expiry date and within a period of 6 months from the date of expiry (grace period). Wherein no application for renewal has been submitted by the applicant, the trademark office shall ex officio cancel the trademark from the register. Where cancellation of registration of a trademark has been duly entered, the trademark shall be re-registered in the name of the original applicant within a period of three years from the date of cancellation according to the law.

Accordingly, we had a meeting with the Registrar to clarify the subject matter and he advised the following:

1. No official decision has been issued in this regard from the Trademark Office. Therefore, all the news in this regard is baseless;
2. Any Trademark owner could at any time renew his trademark (whether expired or not) and pay the renewal fees, but this does not mean that the trademark had been renewed unless a final written decision from the Trademark Office is issued with relation of renewing the trademark;
3. Any trademark owner could at any time submit an application at the Trademark office to obtain official notices regarding the current status of his trademark prior to paying the renewal fees as not to pay the renewal fees for elapsed and cancelled trademarks.

Based on the above, we urge our client to be extra cautious regarding unofficial news in this regard.

As a Libyan IP Agent located in Libya, please rest assured that we will provide you with all the updates from the Trademark Office regarding any decisions concerning the trademarks. Our staff are in direct daily contact with the TMO team and are therefore on top of new decisions or amendments related to the trademark actions.

Should you require further information or clarification, please contact

We would like to take the opportunity to thank you for your collaboration and business and best wishes for a bright and successful year ahead.

With warm regards,
Beit Al-Khebra Intellectual Property (LLC)
Ibn Battuta St., Al-Siahiah | Apt. no. 03, 2nd Fl., Al-Sharif Bldg
P.O. Box: 71005 | Tripoli – Libya
T: +218.21.712.3117 | T: +218.91.315.2731 | F: +218.21.725.7854

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