Introduction:

Language: English

Capital: Monrovia

Area: 111,369 km2

Population: 4,503,000 (2015)

Currency: Liberian dollar (LRD)

Religion: Christian (85%), Muslim (12.5%)

Geographical situation: is a country on the West African coast. It is bordered by Sierra Leone to its west, Guinea to its north and Ivory Coast to its east.

 

International treaty membership:

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (December 11, 2009)

Madrid Agreement Concerning the International Registration of Marks (December 25, 1995)

Paris Convention for the Protection of Industrial Property (August 27, 1994)

Convention Establishing the World Intellectual Property Organization (March 8, 1989)

 

Legislation:        

Industrial Property Act (2003)

 

Government Institutions:

Liberia Industrial Property Office (LIPO)

Ministry of Commerce and Industry

 

Type of trademark:

Any visible sign capable of distinguishing the goods or services of all enterprise.

 

Ground for refusal :

A mark cannot be validly registered

  1. if it is incapable of distinguishing the goods or service of one enterprises from those of other enterprises:
  2. if it is contrary to public or morality:
  3. if it is likely to mislead the public or trade;
  4. If it is identical with, or is an imitation or contains any states symbol.

 

Application content:

The application for a mark shall be filed before Registrar and shall contain a request, a reproduction of the mark and a list of the goods or services for which registration of the mark is requested, listed under the applicable class or classes of the International Classification It shall be subject to the payment of fee.

 

Application process:

The application process contains form examination that will verify if all the required documents were provided, and a substantive examination that will verify if the mark is not subject to ground for refusal.

If those two examinations are positive, the application will be published, opening a opposition period for third parties.

Any opposition will be notified to the applicant whom shall give a counter statement, if it fails to do so, the application shall be deemed abandoned.

If after examination of the opposition the registrar decides to rule in favor of the applicant, the protection will be granted and entered in the register.

 

Refusal:

If the required documents were not provided or the mark is subject to ground for refusal, the application shall be rejected.

If after examination of the opposition the registrar decides to rule in favor of the of the opponent, the application will rejected.

 

Rights of exploitation and related delay:

The registered owner or 3 mark shall, in addition to any other rights, remedies or actions available to him, have the right to Institute court proceedings against any person who infringes the mark by using, without his agreement, the mark as aforesaid or who performs acts which make it likely that infringement will occur The right shall extend to [he use of a sign similar to the mark and use in relation to goods and services similar to those for which the mark has been registered, where confusion may arise in the public.

The protection of the mark is valid for ten years and can be renewed each time for ten years.

 

Transfer and conditions:

Any transfer of the right shall be done in writing, be subject to a request before the office and be entered in the register. Such transfer has no effect on third parties until it is recorded in the register.

 

Certification:

When the protection is granted, the registrar shall issue a certificate of registration.

 

Withdrawal and cancellation:

The applicant may withdraw the application at any time during its pendency.

The protection can be cancelled for non use for a consecutive period of three years.

The trademark can also be cancelled if an earlier trademark already existed.

 

Customs protection:

The Liberian trademark law has no provision about customs enforcement neither a code custom code.

 

Sources:

Wipo.int : Industrial Property Act (2003)

 

 

Vincent Lagier

創作者介紹

眾律國際法律/專利商標事務所

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