3. Any industrialist, producer or merchant who is a subject of a state dealing with Libya
on a basis of reciprocity or is a resident thereof or has an actual place of business therein.
4. Associations or groups of industrialists or producers or merchants established in Libya
or in any of the aforementioned states provided that they may be considered entitled to
corporate existence.
5. Public departments
Article (5)
The following shall not be entitled to registration as trademarks or elements thereof:
a. Marks having no distinctive signs of authenticity or consisting of signs or titles which
are by custom assigned to the products themselves or to any ordinary drawing or pictures
thereof.
b. Any amendment, design or sign which is inconsistent with good morals or public order.
c. Public emblems and imitations thereof, flags and other symbols of the state or of any
other state dealing with Libya on a basis of reciprocity.
d. Official signs and stamps used by the aforesaid states for the control or security of
goods where the trademark containing such signs or stamps is intended for use on goods
of the same or a similar kind.
e. Marks which are identical with or similar to symbols of purely a religious character.
f. Symbols of the Red Crescent or the Red Cross or other similar symbols and marks which
are mere imitations thereof.
h. Pictures or mottos of any other person unless the use thereof is approved by him.
i. Descriptions of honorary titles to which the applicant can not prove his legal title.
j. Marks which may mislead the public or which contain any mis-statements about the
origin or description of the products, likewise marks which contain a fictitious imitative or
forged commercial name.
Part II
Proceedings Of Registration
Article (6)
Applications for the registration of trademarks shall be submitted to the trademarks
office subject to the methods and conditions provided for under the implementing
regulations of this law.
Article (7)
Trademarks may be registered only for one or more of the items or products as fixed
under the implementing regulations of this Law.
Article (8)
Where two persons or more apply at the same time for the registration of the same or
nearly identical trademarks in respect of the same item of products, such application shall
be rejected until one of them submits a duly authenticated deed of relinquishment from
the other disputants or a res judicata judgement in his favour.
Article (9)
The Trademarks Registration Office shall, where necessary, reject the registration of any
trademarks or modification thereof, in order to define such marks and render them
clearly and more distinctive for the purpose of avoiding misconception or mistaking them
for other previously registered marks. In the event of rejection or qualified acceptance
the office shall notify the applicant by registered mail of the grounds for its decision and
the facts relating thereto. The applicant shall be deemed to have relinquished his claim
where he fails, within a period of six months to fulfil the conditions required by the office.
Article (10)