Libya - Classifications of list of goods & services

Since the Libyan Law which was issued in 1964, dose not include

Service classes while the international classification of goods is follows and in order to cover the services.

The Libyan authorities had adopted a local service classification as follows:

1. Local class (101): Insurance & Business Administration.

2. Local class (102): Transportation, Packaging & Storage of goods services.

3. Local class (103): Building, Construction, Repair & Installation services.

4. Local class (104): Advertisement & Brokerage.

5. Local class (105): Rental (except real estate).

6. Local class (106): Hotels & Tourism.

7. Local class (107): Installation, Finishing Services, Maintenance, Painting, Laundry, Cleaning, Repairing & Polishing.

8. Local class (108): Broadcasting, Publishing, Entertainment, Theaters & Cinematographic.

9. Local class (109): Medical Services, Sporting, Beauty Care & Sports club.

10. Local class (110): Treatment of materials.

11. Local class (111): Education & Training.

12. Local class (112): Various services not included in other classes.

Libya - Reminder - Filing trademark requirements

This is to confirm that the filing requirements are not change and remains as follows:

1. Power of attorney duly legalized up to the Libyan Consulate.

2. Certificate of Incorporation or an Extract from the Commercial Register duly legalized up to the Libyan Consulate. It is recommended that you provide us with the said document in English, to send you the translation, before you attend for legalization, by e-mail or fax, accordingly, the legalization will cover the translation.

3. Certified copy of the priority document duly legalized up to the Libyan Consulate (in case priority is to be claimed).

All the above documents should accompany the application when filed.

Pakistan - Enforcement of trademarks ordinance 2001 as of April 12, 2004

The Trademarks Ordinance 2001 came into force as of 12 April 2004  in order to comply with the TRIPS agreement.

The main aspects of the new ordinance are:

Service Marks

Service marks in classes 35 to 42 are now registrable.

Definition of “Mark”

The definition of “mark” has been expanded to include figurative elements, color, sound or any combination thereof.

Priority

Priority can now be claimed within six months from the filing date based on any earlier application filed in a country that is a party to the Paris Convention.

Well-Known Trademarks

A well-known trade mark is now protected even if it is not registered nor in actual use in Pakistan. However, the protection shall only be available to a mark that is well-known in Pakistan if it is a mark of a person who is either a National of, or domiciled in, a Convention Country, but irrespective of the fact whether or not that person carries on business or has goodwill in Pakistan.

Domain Names

The provisions of the new law have been made applicable to Domain names, if a Domain name is used as a Source Identifier, meaning that the Domain name is used on the Internet to distinguish goods or services of one undertaking from others, and that the Domain name is not a mere directional reference similar to the use of a telephone number or business address.

Divisional Application

Under the new law, a divisional application is also permissible for the registration of a part of the trade mark in respect of any or all goods, services or both, but should be by a person who has already made an application for registration of a trade mark and the said application is still pending.

Protection

A Collector of Customs has been given more powers to seize goods bearing infringing trade marks.  The other remedies of filing a suit in a court of law for recovery of damages, and an order for injunction, are also available to the proprietor of a trade mark or its assignee or licensee.

Collective Marks

Registration of Collective Marks has also been made permissible allowing members of an Association to distinguish goods or services of one undertaking from those of other undertakings.

Pending Matters

The applications which have been filed for registration under the old law of 1940 will be treated as having been filed under the new law, and the trade marks already registered shall be transferred to the Register to be maintained under the new law.

Duration & Renewal

The trade mark shall be registered for a period of ten years and may be renewed on payment of the prescribed fee for unlimited terms of ten years each.

Official Fees

There is no change in official fees.

Iraq - Patent office is now fully operational

As of the beginning of April 2004, the Iraqi patent office is fully operational and has started to process patent applications. It is now requesting all documents related to applications that are not completed.

The IPO is requesting to complete any missing document in respect of previous applications.

Kindly note that earlier the IPO belonged to the Cabinet of Ministers and now belongs to the newly-created Ministry of Planning and Development.

Its worth mentioning that the IPO examines patent applications with a high level of experience.

Accordingly, we kindly ask our clients and associates to provide us with any missing

documents related to applications filed earlier.

It would be our pleasure to provide you with any additional information if required

Iraq - Increase in trademark fees

The Iraq Trademark Office had increased the official fees, for the second time, this year as of April 2004.

Our amendment schedule of charges to reflect this increase is available upon requested.