Law No. 40 of 1956 Concerning Trademarks
Publication Date: January 1, 1970
Law Number: 40
Issuing Authority: Idris I
Type of Legislation: Laws
Status: Original, Repealed (Completely Repealed)
Sector: Economy
Law No. 40 of 1956 Concerning Trademarks

We, Mahmoud Buhdema and Abdel Majeed Kaabar, Regents of the United Kingdom of Libya,
Pursuant to the Royal Decree issued on August 3, 1956,
The Senate and the House of Representatives have enacted the following law, which we have approved and issued. Table of Contents

Chapter One: General Provisions
The following persons have the right to register their trademarks
The following may not be registered as a trademark or as part of a trademark
Chapter Two: Registration Procedures
Submitting an application to the registration office for any addition or amendment
Issuance of a trademark registration certificate
Requesting an extract or copy from the register
Chapter Three: Termination of Trademark Ownership and Hypothecation
Chapter Four: Renewal and Cancellation
Temporary protection for trademarks
Chapter Five: Offenses and Penalties
Trademarks registered abroad
Chapter Six: Transitional and Final Provisions
Authority to issue the implementing regulations for this law
Right to request a court order for trademark cancellation
Repeal of the following provisions of the Penal Code
Entry into force of the law and its publication in the Official Gazette
Chapter One: General Provisions
Article 1

For the purposes of this law, trademarks include names, signatures, words, letters, numbers, drawings, symbols, business titles, stamps, seals, images, embossed designs, and any other mark or combination thereof, provided that they are used or intended to be used to distinguish products of industrial, agricultural, forestry, or mining activities, or any goods, or to indicate the origin, type, quality, guarantee, or method of preparation of such products or goods.

Article 2

A trademark registration office shall be established within the Ministry of Economy, and a register shall be maintained therein for the purpose of registering trademarks in accordance with the provisions of this law and its implementing regulations.
The Ministry of Finance receives registration applications, and the registration certificate is issued by the office and forwarded to the relevant ministry for delivery to the owner. Article 3

The person who registers a trademark is considered its sole owner, and has the exclusive right to use it for the products or goods for which it was registered. The ownership of the trademark cannot be contested if it has been used continuously for at least five years from the date of registration without any legal action being taken to challenge its validity.

Article 4

The following persons have the right to register their trademarks:
Any Libyan national who owns a factory, manufacturing establishment, or business.
Any person residing in Libya or having a real business establishment there, regardless of nationality.
Any person belonging to a country that grants reciprocal treatment to Libyan nationals, or who resides in or has a real business establishment in such a country.
Associations or groups of manufacturers, producers, or traders established in Libya or in one of the aforementioned countries, provided they have legal capacity.
Public entities.

Article 5

The following may not be registered as a trademark or as part of a trademark:
Trademarks lacking any distinctive character, or consisting of signs or indications that merely describe the nature, quality, or origin of the product, or its ordinary appearance.
Any expression, drawing, or sign that is contrary to public morals or public order.
National emblems, flags, and other symbols of the State or of any country that grants reciprocal treatment to Libya, as well as any imitation thereof.
Official marks and stamps of the aforementioned countries used for the inspection or guarantee of goods, if the trademark containing such marks or stamps is intended for use on goods of the same or similar nature.
Trademarks identical to or similar to purely religious symbols.
The symbols of the Red Crescent or the Red Cross, and other similar symbols, as well as any imitation thereof. Geographical names, if their use is likely to cause any confusion regarding the origin or source of the products.
Images or logos of third parties, unless prior consent for their use has been obtained.
Information relating to honorary titles or degrees, unless the applicant can legally prove entitlement to them.
Marks that are likely to mislead the public or that contain false information about the origin or other characteristics of the products, as well as marks that contain a fictitious, imitated, or counterfeit trade name.
Chapter Two: Registration Procedures
Article 6

The application for trademark registration must be submitted to the Trademark Registration Office in accordance with the procedures and conditions stipulated in the implementing regulations of this law.

Article 7

A trademark may only be registered for one or more product classes as specified in the implementing regulations of this law.

Article 8

If two or more persons simultaneously apply to register the same or nearly identical trademarks for the same product class, registration will be refused until one of them provides a duly notarized relinquishment of rights from the other parties involved, or a final court judgment.

Article 9

The Trademark Registration Office may impose any restrictions or modifications it deems necessary to more precisely define and clarify the trademark, in order to avoid confusion with a previously registered trademark.

In case of refusal or conditional acceptance, the Office must notify the applicant in writing, by registered mail, stating the reasons for its decision and the relevant facts.

If the applicant fails to comply with the Office's requirements within six months, the application will be considered withdrawn.

Article 10

The applicant may appeal the decision of the Registration Office within thirty days from the date of its receipt. This period also applies even if the applicant refuses to receive the registered letter. The appeal shall be submitted to an administrative committee appointed by the Minister of Economy, with one member of the committee being from the Legal Affairs and Legislation Department of the Ministry of Justice. The committee's decisions shall be final.

Article 11

If a trademark application is approved, the registration office must publish notice of the registration in the manner prescribed in the implementing regulations of this law.

The applicant may also submit documents to the office...