On 1 June 2025, the Libyan Trade Mark Office (TMO) issued Circular No. 2/2025 to clarify a procedural distinction between the expiry and cancellation of a trade mark registration, that has long caused uncertainty among trade mark practitioners.

According to the circular, cancellation refers to a formal administrative decision by the TMO to remove a registration from the official register following the lapse of the six-month grace period after the mark’s expiry, during which time the owner may still renew it. In contrast, expiry denotes the natural conclusion of the mark’s protection at the end of its registration period, while it remains on the register for a time without immediate removal.

When a trade mark expires, its owner may only initiate re-registration after the TMO has issued a formal cancellation decision and published it in the Official Gazette.

The former owner has the exclusive right to re-register a cancelled trademark for three years after its publication, after which third parties may apply.

This clarification establishes a structured approach to post-expiry re-registration, reinforcing the Libyan TMO’s commitment to transparency and prior rights protection.