Law No. 23 of 2010 regarding Commercial Activity 

Page 10 of 13

Book Ten Trademarks and particulars 

Section one Trademarks

Chapter One General provisions 

Article 1228 

Definition 

The trade mark is anything characterizing a product or a service from another. Product or a service from another. Particularly it include the names which take a distinctive shape, signatures, words, letters, figures, drawings, symbols, trade names,, stamps, seals, pictures salient engraves and a groups of colors which take a respective and distinctive shape. 

The trademark may be compound of more than one of said elements. The mark may also be acoustic.

Article 1229 

The fact which bring about the right of ownership 

One who registered the trademark shall be considered its owner either as per provisions of this section and shall have the right of singularity and use thereof for products or commodities or services for which the mark is registered. He shall always have the right to take all the actions including the precautionary actions necessary for protecting the trademark. 

Dispute on the ownership of the mark may not be allowable if used continuous by the person who has registered for at least five years from the date of registration without bringing a lawsuit for a judgment on its validity. 

Article 1230 

Trade marks office 

An office shall be established at the concerned sector to be called the trademarks office to be concern with acceptance of application, keeping the records and granting certificates indicate the registration according to provisions of this section. 

Article 1231 

Right to mark registration 

Any natural or legal person and company on foundation time shall have the right to submit an application to the trade marks office for registration of the trade mark according to provisions of this section. 

Such right shall be established also for foreigners who have a true activity centre in one of the member countries of the international intellectual property organization or which deal with Jamahiriya reciprocally. 

Article 1232 

Registration object 

The following shall not be considered as a trademark or an element thereof: 

1. Marks free from any distinctive feature or compose or composed of expression, or words or data which are nothing than nomenclature to be given by the tradition to products or drawing or their normal pictures.
2. The marks which have already been registered or which resemble themas well as mottos and trade names owned by others or which proved that they are fabricated or forged. 
3. Indecent marks or violating the public order. 
4. General mottos, information and other symbols of the country or other countries or regional or international organizations as well as any imitation thereof 
5. Identical or similar marks or symbol of religious natures. 
6. Symbols of Red Crescent or Red Cross or other similar symbols, as well as their imitated marks. 
7. Names and pictures of the third parties unless they agreed for their use. 
8. Particulars of honors which the registration application does not prove their attachment. 
9. Names and geographical indication which their nature to mislead the other to make confusion to him or which include false data about the source of the commodities and services or of their other features. 
10. Marks and formal stamps of the countries which deal reciprocally with Jamahiriya regularly control over their commodities, services or their guarantee if the trademark which contain those marks and stamps are intended to be used in commodities or service of the same gender or services of the same gender.

Article 1233 

Historical land marks 

The engineering drawings of the building and other historical landmarks may not be taken and trademark as well as various technical works except with permission of the owner of the right thereto. 

Provided that if the engineering drawing is a historical landmark characterized by a famousness indicating the source of the commodity or the service, any person may take it as a mark on condition that he shall introduce amendment to it so as to enable its characterization from other marks which bear the same historical land mark.

Article 1234 

The famous mark 

The marks shall be considered famous if they remember the public of the producer or the service which they represent even if they are not their clients. But if the mark is known among its clients only, this shall not make it a famous mark. 

Article 1235 

Protection of the famous mark 

The famous mark in Jamahiriya is protected to his owner even without legal lodgment thereof. 

He shall raise objection to its lodgment or to claim for revocation of registration of a mark approximate or similar to it during five years from the date of lodgment of the mark if affected good faith. 

He shall also have the right to claim for compensation for the damages arising out of the illicit competition for bringing the criminal lawsuit for falsification or imitation of a famous mark in bad faith it is stipulated that it shall be lodged according to provisions of the law in Jamahiriya 

Article 1236 

Rejection of registration 

The office of the trade mark shall reject the application for registration of a mark corresponding to the famous mark. 

The same provision applies to the applications of registration which flow in respect of goods or services not similar to those which shall be used the famous marks for their characterization if they use the mark un similar goods and services which are in their nature to make the person think of existence between the owner of the famous mark and those, goods and services. 

Article 1237 

Group mark 

Any legal person or group entry shall have the right to lodge a collective trade mark characterizing a product or a service of a group of persons even if each of them have no commercial activity respective to him. Any member in this group shall have the right to use the group mark.

The group mark shall not be registered except after definition of the conditions organizing the joint use by the entity, particularly the guarantee of the products quality, right and obligations of members, and penalties resulting from application of the group trade mark in a manner not complying with conditions agreed upon such mark shall not be transferable. 

Article 1238 

Quality mark 

The bodies authorized by the concerned authorities to practice the control jobs over the products or inspection thereof shall register marks concerning with indication of control measures or to inspect those products as to their source or element of their composition or method of their production or specification or nature or any other feature distinguishing them. 

The mark owner shall have the right to permit third parties to use it according to conditions to be defined by him. He shall have the right also to withdraw thereof. Their use after withdrawal shall be considered as illicit use. The penalties provided for in this section shall be applied to any who violates the same. 

Article 1239 

Correlated marks 

If the marks owned by one person are identical similar and allocated for goods and products of the same gendre or of an identical gendre the marks are considered correlated. 

The correlation shall include the mark and its elements which have distinctive feature which require to be registered alone. 

Chapter Two Registration declaration and striking out 

Article 1240 

Application for registration 

The application for registration of the mark shall be presented to the trade marks office according to terms and condition legally established.

Article 1241 

Extent of registration 

The mark shall be registered from are or more categories of the products services defined according to this section. 

Article 1242 

Scope of the mark 

The legal protection for the mark of products and services mentioned in the lodgment application as well as the products and services similar to them. 

The products and services shall be considered similar if they are approximate to its function or use or give an impression to the public that they are fromthe same source. 

Article 1243 

Priority of entry 

If the application for registration of a mark is lodged in one of the member countries in the international intellectual property organization, or which deal with Jamahiriya reciprocally, the applicant or any one whose right are transferred to him, may submit, during the next six months, to the trade marks office in Jamahiriya, a similar application related to the same mark shall be applied to the same products or service included in the previous application. All that shall be according to the terms and conditions provided for in this section and the executive regulation provided for in article (1270). In this the date of submission of the first application in the foreign country shall be considered in priority determination. 

Article 1244 

Multiplicity of entry application 

If two persons or more have applied for registration of the same mark or similar marks of one category of products or service at the same time. The procedures shall be suspended until one of them submits a formal assignment from his disputants or an enforceable judgment having the force of the adjudicated object.

Article 1245 

Additional conditions 

The trademarks office shall have the right to decide whatever restriction and amendments it deems necessary for defining and explaining the mark to avoid confusion with another registered mark or which application for its registration has been lodged. 

In case of rejection or conditional acceptance, the office shall notify the applicant, in writings, within thirty days from the date of its issuance by a registered letter of the reasons of its decision along with statement of the relative facts. 

If the applicant did not implement the conditions imposed by the office within six months he shall be considered as assigning his application. 

Article 1246 

Complaint against the decision 

The applicant shall have the right to complain against the decision of the trademarks office within thirty days from date of being notified thereof. Such limited time shall apply even if the applicant refused to receive to receive the notice. 

The complaints shall be considered by a committee to be constituted by the concerned secretary. Its resolutions may be challenged before the administrative judicial department at the courts of appeal. 

The executive committee provided for in article (1270) shall define the rules of constitution of the committee and procedure of submission, consideration and settlement of the complaints. 

Article 1247 

Declaration of the mark 

The trade marks registration office must, in case of acceptance of the mark, declare it according to provisions of this section. 

Anyone who has interest therein may raise a written objection to the mark registration by another to be served to the trademarks office including the reasons of the objection in the limited time be fixed by the executive regulation provided for in article (1270).

The office shall notify the registration applicant by a copy of the objection notice in the limited time to be fixed by the executive regulation provided for in article (1270) otherwise it shall be considered as assignment of the registered application. 

The office shall issue its resolution on the objection referred to in the second paragraph of this article after hearing both the litigant parties. It may include the compulsory acceptance of the conditions. 

It deems necessary for registration of the mark, in its resolution, the office resolution may be challenged before the administrative judicial departments at the courts of appeal. 

Article 1248 

Registration of the mark 

The mark shall be registered by a resolution of the office and the registration shall be effective from the date of presentation of the application. The registration should be declared in the executive regulation provided for in article (1270). 

Article 1249 

Certificate of registration of the mark 

The office shall grant the owner of the registered mark a certificate with following particulars: 

Article 1250 

Amendments to the mark 

The owner of the registered mark shall have the right to request introduction of any amendment to the mark which shall not prejudice its essential nature. 

He shall require also introduction of any amendment by deletion without addition to the statement of the products of the mark. 

The resolution of acceptance or rejection of the amendment shall be issued according to the conditions established acceptance of registration of original resolutions. In this respect the provisions prescribed for objection, complaint, appeal and publication of these resolutions shall be applied. 

Article 1251 

Perusal of marks 

Any person shall have the right to see the registered marks or to procure extracts or copies therefrom according to rules, procedures and fees to be fixed by the executive regulation provided for in article (1270). 

Chapter Three Disposal of the mark 

Article 1252 

Disposal of the mark independently 

The mark may be transferred or mortgaged or deciding the right of usufruct thereto or restrained with the commercial shop or the activity project in which the mark shall be used for characterizing its product and services or without it. 

In case of transfer of the mark alone the transfer and the receiver of the mark should the actions necessary for protecting the third parties in a manner to be explained by the executive regulation.

Article 1253 

Extent of the disposal 

Disposal of ownership of a commercial shop or activity project shall include the marks registered in the name of the transferred which are of close relation with the shop or the project unless otherwise agreed upon. 

If the ownership of the shop or the activity project is transferred without the mark, the transfer may continue in manufacturing and trading in the same products for which the mark has been registered unless otherwise agreed upon. 

Article 1254 

Partial transfer 

In cases where the mark shall be transferred to another party, the transfer shall not be partial or related to some products or services of the same or similar category which are included in the transferred mark without the others. The transfer shall not be determined geographically, but the mark transfer shall include all country territory. 

Article 1255 

Fees of Mark Transfer 

The fees of transfer or replacement of the mark may be a fixed amount or a certain portion of the dealing size. The two parties shall have the right to define the payment by installment or all at once. 

The contract of transfer and utilization of the mark shall govern the method or organisation of the value added to it at expiry of the contract between the parties. 

Article 1256 

Disposal Pleading 

The transfer of the mark or decision of the right of utilization or mortgage shall not be a pleading against the others except after endorsing thereof in the register and declaration in the manner to be decided in the executive regulations of this Law.

Article 1257 

Protection Duration 

The protection duration resulting from registration of the mark is (10) ten years. It shall be extended for similar period or periods upon request of the concerned party at each time during the last year of the protection duration. 

After expiry of that duration for a period not exceeding (6) six months, the concerned party may submit an application for renewal of the protection period, otherwise the trademark office shall strike it off. 

The trademark may be registered again after being struck off, to its owner only during (3) three years from the date of striking off according to the conditions and the same actions established for registration. 

Article 1258 

Striking Off the Mark 

Based on request of the concerned party, the Court of the First Instance may pass an order for striking off the registration if it is appeared to it that the mark has not been seriously used for five successive years, except if the mark owner submitted a justification of non-utilization thereof. 

The mark which has been struck off may not be registered again except after expiry of (3) three years from the date of striking off. 

Article 1259 

Re-Registration of the Mark 

If the mark striking off was for execution of a final judicial judgment for its registration without right, it may be registered to the owner of the right thereto immediately on striking off. 

Article 1260 

Registration in Bad Faith 

If a remark is registered in bad faith us using the relations of the former dealing between the concerned parties or to anticipate the results of the negotiation between them the interested party may claim for striking off the registration.

Article 1261 

Declaration of the Striking Off and the Renewal 

The declaration of the striking off or the renewal of registration shall be effected in the method to be decided by the executive regulation of this Law. 

Article 1262 

Corrections of Registration 

The Court of the First Instance shall adjudicate upon request of the concerned party by addition of any statement that its recording in the register may be neglected or wrongly recorded or deleted or amendment to any statement set out in the register if not corresponding to the truth. 

The trademarks office shall pass an order from the judge of the summary justice for effecting the corrections set out in the previous paragraph. 

Chapter Four Penalties 

Article 1263 

Falsification of the Mark 

Anyone who committed one of the following acts shall be penalized by imprisonment for a period not exceeding two years and a fine not less than (LD 1,000) one thousand Libyan Dinars and not more than (LD 10,000) ten thousand Libyan Dinars or by the both penalties: 

1. Falsification of a mark which has been registered according to the Law. 
2. Placing in a bad faith, on his products a mark owned by other. 
3. Sale or offer for sale or circulation or possession for sale or introducing in the country with aim of trading in a falsified mark or products on which a falsified mark is place in his knowledge. 

Article 1264 

Imitation of the Mark 

Anyone who imitated or used a registered trademark in bad faith shall be penalized by the same penalty set out in the previous Article.

Article 1265 

Precautionary Measures 

The owner of the trademark or anyone who have the right to disposal or Utilisation thereof may, at any time even before bringing any civil or criminal lawsuit, bring about, depending on a petition accompanied by a formal certificate indicating registration of the mark, an order from the chief of the Court of the First instance for taking the necessary precautionary measures particularly: 

1. Drawing up a minutes of a detailed list of machinery and tool to be used or being used in commitment of a crime, product or goods or shops titles or wrappings or papers or others on which the mark subject matter of the crime is placed as well as the goods imported from abroad on their importation. 
2. Sequestration of the objects mentioned in previous item, provided that the sequestration shall not be imposed except after submission of a security by the applicant which shall be estimated preliminary by the judge for compensation of the sequestered party when necessary. The sufficiency of the security submitted by the detainer may be disputed after imposition of the sequestration according to provisions provided for in the civil and commercial code of procedure. 

Article 1266

Expert secondment

The order issued by the judge may include delegation of an expert or more to assist the Process Server in his job. The precautionary measures taken by the Mark owner shall be considered null and void if not followed by bringing of a civil or criminal lawsuit shall be brought within (10) ten days following the issuance of the order with observance of the distance limited time. 

Article 1267 

Compensation of the Detained Party 

The defendant should declare his lawsuit to the detainer and the Court Clerical Office with which the security for claiming compensation is deposited within (90) ninety days starting from expiry of the limited provided for in Article (1266) if the detainer did not bring his lawsuit or from the date of issuance of the final judgment on detaining lawsuit related to the mark. 

In both case, the security shall not be paid to the detainer except after issuance of the final judgment on detained lawsuit or after expiry of the limited time established for bringing this lawsuit without being brought, unless the judgment issued on detaining lawsuit includes consideration of the security subject matter. 

Article 1268 

Judgment by Confiscation or Destruction 

The Court may issue a judgment by confiscation of the detained objects on any civil or criminal lawsuit or the objects to be detained latter on for reducing their value from compensations or fines or to dispose thereof in any other way deems appropriate by the Court. The Court may pass also on order for publication of the judgment in one newspaper or more at the cost of the judged person. 

It may also pass an order for destruction of the illegal marks or pass an order when necessary for destruction of products wrappings, bundling equipment, shops titles and other objects which bear those marks as well as the machines and tools used particularly in falsification or imitation process and shall issue an order for all the above even in case of judgment by innocence. 

Chapter Five Final Provisions 

Article 1269 

Capacity of the Judicial Officer 

The officials of the concerned authority whose nomination is to be by a resolution of the General Peopleís Committee shall have the capacity of judicial officers to verify what shall be fallen of the crimes provided for in this law and regulations issued thereunder. 

Article 1270 

The Executive Regulation Organizing the Trademarks 

The executive regulation organising the trademarks shall be issued by a resolution of the concerned authority to state the detailed provisions, and shall provide particularly for the following: 

1. Organisation of the trademarks registration office and keeping its register.
2. Terms and conditions related to administrative measures. 
3. Division of all the products or the services for registration, into categories according to their types or gender. 
4. Terms and conditions related to declaration and provided for in this section. 
5. Fees regarding delivery of pictures, certificates and stipulated fees. 6- Statement of the various procedures provided for in this section. 

Article 1271 

Temporary Protection 

The mark placed on products exposed in national or international exhibitions shall be granted a temporary protection, such protection shall not result in extension of the duration provided for in Article (1257) of this Section. 

The executive regulation provided for in Article (1270) shall define the terms, conditions and procedures of granting that mark. 

Section Two Commercial Statements 

Chapter One Provisions of the Commercial Statement 

Article 1272 

Element of Commercial Statement 

In implementation of provisions of this Section, each clarification related directly or indirectly to the following shall be considered as a commercial statement: 

1. Number or amount or measure or entity or capacity or weight or date of production or extent of validity of the products. 
2. The authority or the country in which they have been produced. 
3. Method of their manufacture or protection.
4. Elements incorporated in their composition. 
5. Name and capacity of the manufacturer or producer. 
6. Existence of patents or the intellectual property rights or any preferences or gifts or commercial or industrial characteristics. 
7. Name or shape or the identification number by which some products are normally identified. 

Article 1273 

Conformity of Statements 

The commercial statement should be conform in all respect either they are placed on the same products or on shops or storehouses or existing on them or on their tittles or wrappings, or covers, or invoices or papers of the letters or means of information etc., which are used in offering the product s to the public. 

In all cases, the following information should be mentioned: 

1. Name of the commodity producer or supplier. 
2. Contact address 
3. Country of origin. 

Article 1274 

Prevention of Misleading the Public 

The name or title of the goods may not be placed on products imported from a country other than the manufacturing or producing country unless they are accompanied by accurate statement written in clear letters of the country or the authority which has manufactured or produced them. 

The persons residing in an authority of special famousness in production or manufacturing of some products who trade in similar production imported from another authority may not place their marks thereon if in their nature to mislead the public as to source of the products, even if the marks do not contain the names of these persons or their addresses unless the arrangements capable of preventing any ambiguity are taken.

Article 1275 

Cases of Existence of More than One Factory to One Manufacturer 

The manufacturer may not use the name of the place in which he has a main factory of products to be produced to his credit in another place unless such name is coupled with indication of the latter place in a manner to prevent any ambiguity. 

Article 1276 

Use of Geographical Names 

Some products may be given geographical names which have become public word indicating the gender of a product not its sources 

Article 1277 

Use of Characteristics 

The characteristic such as medals or certificates or gifts or honorable degrees may not be mentioned whatever their kind would be either acquires in fairs or competitions or granted by the presidents of countries or governments or public departments or scientists bodies or scientific societies, except for products which these characteristic apply and for the persons and trade names which they have acquired or to whom their right are passed. The same shall include a true statement with their dates, kinds, fairs or competitions in which they have been granted. 

Anyone who participated with others in exposing of products shall not use the characteristics given to the joint exhibited articles to his own products unless he explained the source and the kind of those characteristics in a clear manner. 

Chapter Two Products Value 

Article 1278 

Factors Incorporated in Estimation of the Products Value 

If the quantity or size or measure or capacity or weight or country of origin of the products or element incorporated in their composition or date of their manufacture or their validity or name or descriptions of the manufacturer or producer are factors incorporated in estimation or their value. The import or sale or offer for sale of those products may be prevented by a resolution of the concerned secretary unless they bear one or more of these statements. Such resolution shall define the way in which these statements shall be placed on the products and the measures which shall be compensated by when the same is impossible provided that such statements shall be written in Arabic. 

Article 1279 

Products having Relation with Health and Environment 

If the goods or products have violation or relation with human or animal or environment health according to which is to be defined by the competent Control Authorities, then the statement of the elements incorporated in their composition must contain the following: 

1. Mentioning these elements and the percentage of their content therein. 
2. Statement whether the commodity is transformed (genetically modified) or containing some of the same. 
3. Statement whether that commodity was containing materials forming a certain danger and the extent of its gravity. 
4. Statement whether the commodity has been processed with radiation. 

Article 1280 

Penalties 

Anyone who violated the provisions of Articles (1273, 1274, 1275, 1277, 1279) shall be penalized by imprisonment for a period not exceeding one year and a fine not less than (LD 1,000) one thousand Libyan Dinars and not more than (LD 5,000) five thousand Libyan Dinars. In case of recidivism a judgment must be passed by imprisonment and the judgment shall be published or posted up. The factory or the shop shall be closed for a period not less than (15) fifteen days and not more than (6) six months. In all the cases the dissenting goods should be confiscated. 

Article 1281 

Judicial Officers 

The Officer who shall be nominated by a resolution to be issued by the General Peopleís Committee shall have the capacity of the judicial officers to verify what is to be occurred of the crimes provided for in this book.