News from
good friends SMAS that there have been no publications of trade mark applications since the last publication "Publication no.3" on 4 June 2015 with application numbers 20195 to
20465, reported back in June 2016 here.
Showing posts with label Libya. Show all posts
Showing posts with label Libya. Show all posts
Thursday, 2 February 2017
Thursday, 16 June 2016
Libya - (slow) progress on publication of trade mark applications and issues with registration certificates
News from good friends SMAS that publication of trade mark applications is progressing slowly. They report that the last publication was "Publication no.3" on 4 June 2015 with application numbers 20195 to 20465.
In other news this part of the Empty Quarter has received registration certificates recently issued from Libya where the goods applied for have been changed to the class heading by the Trade Mark Office. According to advice from local agents the Trade Mark Office is changing the specification on all new registrations certificates in this way. Some agents are simply accepting the change and others are pushing back to try have the specification changed back to that which was applied for. The class heading used is from the 8th Edition of the Nice Classification.
In other news this part of the Empty Quarter has received registration certificates recently issued from Libya where the goods applied for have been changed to the class heading by the Trade Mark Office. According to advice from local agents the Trade Mark Office is changing the specification on all new registrations certificates in this way. Some agents are simply accepting the change and others are pushing back to try have the specification changed back to that which was applied for. The class heading used is from the 8th Edition of the Nice Classification.
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,
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 info@khebraip.com.
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
Email: info@khebraip.com
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 info@khebraip.com.
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
Email: info@khebraip.com
Friday, 13 November 2015
Libya - lots of updates on the functioning of the Trade Mark Office
Further to earlier posts here, here, and here there is a lot of news about the functioning of the Trade Mark Office in Libya.
Good friends Abdelhadi - Intellectual Property reported in a newsletter in October 2015 that "the Libyan Trademark Office is now fully operational. The Libyan TMO is currently accepting the filing of new trademark applications, renewal applications, assignments and amendment recordals. Furthermore, the TMO has proceeded with the issuance of 500 trademark registration certificates thus far."
Good friends Saba reported in their October newsletter (here) that "The Trademark Office in Libya began issuing trademark registration certificates for applications in the 5000 series after years of civil unrest in the country. In light of this new development, we will be reviewing the files for all pending applications awaiting certificates and will be following-up on their status with the TMO."
Good friends Clyde & Co report in their October 2015 IP Regional update (here) that "The Libyan Trade Mark Office has announced that it will resume issuing trade mark registration certificates for the first time since 2003. The renewal due date will fall 10 years from date of filing which means that, for many applications, the renewal will fall due at the same time as (or shortly after) the certificate of registration is issued. "We understand that the officials are currently issuing certificates for applications numbered around 5,500, which covers filings around the year 2006. Accordingly, there is a significant backlog to be cleared, but this is still welcome news for rights holders who have an interest in Libya. It is also important to ensure that the renewals are carried out to prevent a loss of rights." Jon Parker, Head of Trade Marks
NJQ reported (here) "This is to confirm that the Libyan Trademark Office (LTMO) has started issuing registration certificates as well as accepting renewal applications since 1 October 2015. Accordingly, any applications that have matured to registration (published and no oppositions raised) and that are still valid, a registration certificate will issue once payment of the official fees of LYD151 approximately USD111) has been made. As for expired applications, it is possible to issue renewal certificates after paying the normal renewal fee of LYD181 (approximately USD133) per application."
AGIP reported in their October newsletter (here) that "The Libyan Trademark Office announced that it has started issuing registration certificates for trademark applications for the first time since 2003. According to the Libyan Trademark Office, the renewal due date is 10 years as from the filing date, and therefore all the registration certificates will be due for renewal at the time of issuance. Obtaining such a certificate is important because it is an evidence that a particular trademark has been appropriately registered by the Libyan Trademark Office. It is also an evidence that the trademark registration process was successfully completed, which is considered as recognition by the Libyan authorities of the growing importance of trademark protection in Libya."
Good friends Abdelhadi - Intellectual Property reported in a newsletter in October 2015 that "the Libyan Trademark Office is now fully operational. The Libyan TMO is currently accepting the filing of new trademark applications, renewal applications, assignments and amendment recordals. Furthermore, the TMO has proceeded with the issuance of 500 trademark registration certificates thus far."
Good friends Saba reported in their October newsletter (here) that "The Trademark Office in Libya began issuing trademark registration certificates for applications in the 5000 series after years of civil unrest in the country. In light of this new development, we will be reviewing the files for all pending applications awaiting certificates and will be following-up on their status with the TMO."
Good friends Clyde & Co report in their October 2015 IP Regional update (here) that "The Libyan Trade Mark Office has announced that it will resume issuing trade mark registration certificates for the first time since 2003. The renewal due date will fall 10 years from date of filing which means that, for many applications, the renewal will fall due at the same time as (or shortly after) the certificate of registration is issued. "We understand that the officials are currently issuing certificates for applications numbered around 5,500, which covers filings around the year 2006. Accordingly, there is a significant backlog to be cleared, but this is still welcome news for rights holders who have an interest in Libya. It is also important to ensure that the renewals are carried out to prevent a loss of rights." Jon Parker, Head of Trade Marks
NJQ reported (here) "This is to confirm that the Libyan Trademark Office (LTMO) has started issuing registration certificates as well as accepting renewal applications since 1 October 2015. Accordingly, any applications that have matured to registration (published and no oppositions raised) and that are still valid, a registration certificate will issue once payment of the official fees of LYD151 approximately USD111) has been made. As for expired applications, it is possible to issue renewal certificates after paying the normal renewal fee of LYD181 (approximately USD133) per application."
AGIP reported in their October newsletter (here) that "The Libyan Trademark Office announced that it has started issuing registration certificates for trademark applications for the first time since 2003. According to the Libyan Trademark Office, the renewal due date is 10 years as from the filing date, and therefore all the registration certificates will be due for renewal at the time of issuance. Obtaining such a certificate is important because it is an evidence that a particular trademark has been appropriately registered by the Libyan Trademark Office. It is also an evidence that the trademark registration process was successfully completed, which is considered as recognition by the Libyan authorities of the growing importance of trademark protection in Libya."
Thursday, 12 November 2015
EU Free Trade Agreement negotiations with Southern Mediteranean countries
News reaches, in a roundabout way, this part of the Empty Quarter of ongoing efforts by the European Commission to strengthen ties with those countries that border the Mediterranean.
There is an interesting portal to these efforts on the European Commission Euro-Mediterranean partnership webpage here. And there is a up to date summary of FTA and other trade negotiations in a PDF document here (which covers other countries as well). These are of interest because they lead to "Deep and Comprehensive Free Trade Agreements" which cover Intellectual Property.
There is an interesting portal to these efforts on the European Commission Euro-Mediterranean partnership webpage here. And there is a up to date summary of FTA and other trade negotiations in a PDF document here (which covers other countries as well). These are of interest because they lead to "Deep and Comprehensive Free Trade Agreements" which cover Intellectual Property.
Friday, 24 July 2015
WIPO - PCT country guides
This part of the Empty Quarter recently added some further newsletters to a subscription on the WIPO website as part of WIPO changing to a new WIPO e-newsletter platform. As a result this part of the Empty Quarter now knows about the WIPO PCT Applicant's Guide (here) which provides a very large amount of very useful information on Receiving Offices, International Searching Authorities, Supplementary Search, International Preliminary Examining Authorities, Deposits of Biological Material, and National Chapters on the National Phase.
There are entries for the UAE, Bahrain, Algeria, Egypt, Iran, Libya, Morocco, Oman, Qatar, Saudi Arabia, Sudan (presumably North), Syria, and Tunisia.
The newsletter from WIPO reports that the National Chapter on Qatar has been updated.
UPDATE: A further newsletter from WIPO received today provides a link to the updated Annex C - Receiving Offices for Qatar which can be found here.
This part of the Empty Quarter has a firm belief that as much information as possible should be freely available to all and is delighted to see so much information being shared by WIPO.
There are entries for the UAE, Bahrain, Algeria, Egypt, Iran, Libya, Morocco, Oman, Qatar, Saudi Arabia, Sudan (presumably North), Syria, and Tunisia.
The newsletter from WIPO reports that the National Chapter on Qatar has been updated.
UPDATE: A further newsletter from WIPO received today provides a link to the updated Annex C - Receiving Offices for Qatar which can be found here.
This part of the Empty Quarter has a firm belief that as much information as possible should be freely available to all and is delighted to see so much information being shared by WIPO.
Thursday, 2 July 2015
Libya - Trade Mark Office update
Further to earlier posts here and here there is news from good friends Beit Al-Khebra Intellectual Property about the functioning of the Trade Mark Office in Libya.
They report that the Trade Mark Office, which has not printed any registration certificates since 2002, has recently started to print certificates again. This is good news for rights holders around the world and this part of the Empty Quarter hopes that certificates will start flowing out from all of the local agents to their clients soon.
Saturday, 2 May 2015
Libya - brief update on what is happening
Further to the earlier post here of news (from February 2015) from good friends Spoor & Fisher here is a very brief update from them. For those who cannot link through they say:
"Libya
Although the Patents Office and the Trade Marks Office both survived the war – with the Patents Office resuming normal operations in 2012 and the Trade Marks Office doing so in 2013 – recent unrest has resulted in the Trade Marks Office closing indefinitely. The Patents Office remains open as it is completely separate to the Trade Marks Office. The Patents Office is located at the Industrial Research Centre, which is run by government officials."
Although the Patents Office and the Trade Marks Office both survived the war – with the Patents Office resuming normal operations in 2012 and the Trade Marks Office doing so in 2013 – recent unrest has resulted in the Trade Marks Office closing indefinitely. The Patents Office remains open as it is completely separate to the Trade Marks Office. The Patents Office is located at the Industrial Research Centre, which is run by government officials."
Monday, 22 December 2014
Libya - Trade Mark Office - what is really happening
Further to an earlier post here about what may or may not be happening, an excellent summary has been received today by email from good friends Spoor & Fisher setting out what they have been able to find out about what is really happening at the Trade Mark Office in Libya. For those not lucky enough to be on the mailing list the update is:
Libya – Trade Marks Office – Current Situation
There have been recent reports that the Trade Marks Office in Libya is once again functioning following its closure earlier this year. We have investigated these rumours and can confirm that the Registry is currently under the control of the Fajr Libya militia. They have appointed a Registrar and are stating that the Registry is open and able to process matters. Meanwhile, the Libyan Government and Parliament has moved out of Tripoli and is attempting to operate from the city of Al-Beyda. The situation is extremely volatile and liable to change with little warning.
At this time it is not possible to establish how long the militia will retain their position, or when and if the Government will re-establish control. Whilst it appears that matters can be filed at the Registry it is not certain whether any such matters will be considered valid should the political situation change.
For the time being we are taking an extremely cautious approach but if clients wish to proceed then we will act upon those instructions.
Further information will be reported as it becomes available and meanwhile questions will be welcomed by your normal contact at Spoor & Fisher Jersey, or may be directed to info@spoor.co.uk
This part of the Empty Quarter is grateful to Spoor & Fisher for sharing this useful information.
Libya – Trade Marks Office – Current Situation
There have been recent reports that the Trade Marks Office in Libya is once again functioning following its closure earlier this year. We have investigated these rumours and can confirm that the Registry is currently under the control of the Fajr Libya militia. They have appointed a Registrar and are stating that the Registry is open and able to process matters. Meanwhile, the Libyan Government and Parliament has moved out of Tripoli and is attempting to operate from the city of Al-Beyda. The situation is extremely volatile and liable to change with little warning.
At this time it is not possible to establish how long the militia will retain their position, or when and if the Government will re-establish control. Whilst it appears that matters can be filed at the Registry it is not certain whether any such matters will be considered valid should the political situation change.
For the time being we are taking an extremely cautious approach but if clients wish to proceed then we will act upon those instructions.
Further information will be reported as it becomes available and meanwhile questions will be welcomed by your normal contact at Spoor & Fisher Jersey, or may be directed to info@spoor.co.uk
This part of the Empty Quarter is grateful to Spoor & Fisher for sharing this useful information.
Sunday, 23 November 2014
Libya - Trade Mark Office still closed
Further to previous posts in September 2014 here and October 2014 here that the Trade Mark Office in Libya is closed and then may reopen there is news today from good friends Saba & Co that the Trade Mark Office is still closed and that it is not possible to file new applications.
This part of the Empty Quarter hopes that the local situation will soon calm to allow the normal operations of government.
This part of the Empty Quarter hopes that the local situation will soon calm to allow the normal operations of government.
Monday, 13 October 2014
Libya - Patent Office resumes normal operations
Following the earlier post here reporting that the Trade Mark Office may resume normal operations there is the very welcome news here from good friends Saba & Co in their October 2014 Bulletin that the Patent Office has already resumed normal operations. The item reads:
The Libyan Patent Office has resumed operations as of September 15, 2014. There are indications that the Trademark Office may follow suit. We will be closely monitoring the situation and updating you accordingly.
Should you have any questions, or require any additional information, please contact us atinfo@sabaip.com
The Libyan Patent Office has resumed operations as of September 15, 2014. There are indications that the Trademark Office may follow suit. We will be closely monitoring the situation and updating you accordingly.
Should you have any questions, or require any additional information, please contact us atinfo@sabaip.com
Monday, 6 October 2014
Libya - Trade Mark Office may restart operations
Further to earlier an post here with news in late August and early September that the Libyan Trade Mark Office had suspended operations there is news in the September 2014 newsletter from NJQ & Associates that thwe Libyan Trade Mark Office may restart operations in mid-October, after the Eid Al Adha holiday.
Wednesday, 24 September 2014
Libya - Trade Mark Office suspends operations
News from good friends SMAS in late August, and AGIP and Abdelhadi in early September that the Libyan Trade Mark Office has once again suspended all operations due the unrest in the country.
This part of the Empty Quarter hopes for peace and stability for the Libyan people.
This part of the Empty Quarter hopes for peace and stability for the Libyan people.
Thursday, 1 May 2014
Libya - Trade Mark Office search delays
News from good friends Saba & Co that trade mark search results are currently taking anywhere between 7 days and a month to be returned by the Trade Mark Office.
Wednesday, 19 March 2014
Libyan Trade Mark Office - Power of Attorney requirements (2)
Further to the news that the Libyan Trade Mark Office will not accept Powers of Attorney executed by agents using powers of delegation and require Powers of Attorney to be executed by rights holders (reported here), there is news today from good friends SMAS (not a ciruclar but in advice) that the Trade Mark Office requires Powers of Attorney to be legalised in the applicant's 'home' country and not elsewhere.
This part of the Empty Quarter does not agree. The key issue is whether the Power of Attorney is validly executed. The legalisation steps only verify the authenticity of the Notary Public or the local Embassy.
This part of the Empty Quarter does not agree. The key issue is whether the Power of Attorney is validly executed. The legalisation steps only verify the authenticity of the Notary Public or the local Embassy.
Monday, 20 January 2014
Libyan Trade Mark Office - Power of Attorney requirements
News that the Libyan Trade
Mark Office changed its practice on Powers of Attorney towards the end of last
year. Powers of Attorney to local agents
must be executed by the rights holder and not by another agent on behalf of the
rights holder. Local agents have discussed the issue with the Registrar who
insisted that the amendment to the practice is correct. The issue was then
discussed with the Reviews Committee at the Trade Mark Office who agreed.
This part of the Empty Quarter does not
agree. If an agent has the power to delegate powers on behalf of the rights
holder then the Trade Mark Office should honour the wishes of the rights
holder.
Wednesday, 6 November 2013
WCO Operational seminar in Tunisia from 9th to 13 December 2013
News that that WCO will organize an operational seminar in Tunisia. Five countries will be involved (Libya, Morocco, Tunisia, Algeria, and Egypt) . The seminar will take place in Tunis. Rights holders who are members of the WCO IPM program are allowed to present to the officials.
Tuesday, 24 September 2013
Eid Al Adha 2013 holidays
With thanks to good friends SMAS, who sent this out today, here is a table of government holidays across the region:
Bahrain - Monday 14 October 2013 to Saturday 19 October 2013Egypt - Monday 14 October 2013 to Saturday 19 October 2013
Iraq - Tuesday 15 October 2013 to Saturday 19 October 2013
Jordan - Monday 14 October 2013 to Saturday 19 October 2013
Kuwait - Friday 11 October 2013 to Saturday 19 October 2013
Lebanon - Tuesday 15 October 2013 to Saturday 19 October 2013
Libya - Monday 14 October 2013 to Sunday 20 October 2013
Morocco - Wednesday 16 October 2013 to Saturday 19 October 2013
Oman - Monday 14 October 2013 to Saturday 19 October 2013
Palestine - Sunday 13 October 2013 to Saturday 19 October 2013
Qatar - Sunday 13 October 2013 to Sunday 20 October 2013
Saudi Arabia - Thursday 10 October 2013 to Sunday 20 October 2013
Sudan - Saturday 12 October 2013 to Saturday 19 October 2013
Syria - Sunday 13 October 2013 to Saturday 19 October 2013
Tunisia - Tuesday 15 October 2013 to Wednesday 16 October 2013
U.A.E - Saturday 12 October 2013 to Saturday 19 October 2013
Yemen - Sunday 13 October 2013 to Sunday 20 October 2013
Bahrain - Monday 14 October 2013 to Saturday 19 October 2013Egypt - Monday 14 October 2013 to Saturday 19 October 2013
Iraq - Tuesday 15 October 2013 to Saturday 19 October 2013
Jordan - Monday 14 October 2013 to Saturday 19 October 2013
Kuwait - Friday 11 October 2013 to Saturday 19 October 2013
Lebanon - Tuesday 15 October 2013 to Saturday 19 October 2013
Libya - Monday 14 October 2013 to Sunday 20 October 2013
Morocco - Wednesday 16 October 2013 to Saturday 19 October 2013
Oman - Monday 14 October 2013 to Saturday 19 October 2013
Palestine - Sunday 13 October 2013 to Saturday 19 October 2013
Qatar - Sunday 13 October 2013 to Sunday 20 October 2013
Saudi Arabia - Thursday 10 October 2013 to Sunday 20 October 2013
Sudan - Saturday 12 October 2013 to Saturday 19 October 2013
Syria - Sunday 13 October 2013 to Saturday 19 October 2013
Tunisia - Tuesday 15 October 2013 to Wednesday 16 October 2013
U.A.E - Saturday 12 October 2013 to Saturday 19 October 2013
Yemen - Sunday 13 October 2013 to Sunday 20 October 2013
Monday, 9 September 2013
Wednesday, 24 July 2013
Libya - Trade Mark Office update
Following earlier posts about the reopening of the Trade Mark Office in Libya (here) news that the flood of applications, search requests and other matters may be taking its toll as the Trade Mark Office is not issuing receipts for new applications due to the volume of applications received
This part of the Empty Quarter hopes that resources can be found to deal with the large influx of new matters as a backlog of work makes for unhappy officials, applicants and agents.
This part of the Empty Quarter hopes that resources can be found to deal with the large influx of new matters as a backlog of work makes for unhappy officials, applicants and agents.
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