Summary

The Palestinian territories, the West Bank and Gaza Strip, have separate jurisdictions with regards to Intellectual Property. 

The Palestinian trademark and patent laws of 1938 are adopted in Gaza Strip, while the Jordanian laws are adopted in the West Bank. The two laws are very similar. For obtaining full protection all over the Palestinian territories, we recommend filing in both jurisdictions.

Palestine is not a member of any international convention, but abides by the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement. A separate application is to be filed for each class of goods and/or services in each jurisdiction.

Once a trademark application is filed, it is examined as to its registrability. Trademark applications accepted by the Registrar are published in the Official Gazette. There is a 3-month period open for filing opposition by any interested party.

An opposition to the registration of a trademark should be prosecuted before the Registrar within 3 months as of the date of publication. The opposition case is referred to the High Court of Justice, if not settled before the Registrar, or if either party appeals the Registrar's decision. In the absence of opposition, or in case the opposition application is refused, a certificate of registration will be issued.

A trademark registration is valid for 7 years from the date of filing the application and renewable for periods of 14 years each. The trademark law provides for a one-month period for late renewal of a trademark subject to the payment of a lateness fine. A trademark registration can be renewed at any time after the expiry of the relevant registration, as long as the Registrar has not ordered that such trademark registration should be cancelled from the register of trademarks.

The assignment of a trademark can be recorded once the trademark is registered. In fact, unless an assignment has been entered against the trademark in the register and published in the Official Gazette, the assignment shall not be effective vis-à-vis third parties. It is noteworthy that the assignment of a trademark should be made along with the goodwill of the business concern. Changes in the name or address of a registrant, amendment of a trademark and limitation of goods covered by a registration can be recorded as well.

Use of trademarks is not compulsory for filing applications or for maintaining trademark registrations in force. However, a trademark registration is vulnerable to cancellation by any interested party, who can establish that the trademark was not actually used during the 2 years immediately preceding the application for cancellation, or that there was no bona fide of using the trademark on the goods in respect of which the trademark was registered.

Unauthorized use of a trademark registered under the law or an imitation of such trademark applied on goods of the same class, or sale, storing for the purpose of sale, or exhibiting for sale of goods bearing a counterfeit mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods of the same class are offenses punishable under the law.


 

Address:

Al-Quds Street, Ansar Square, Awkaf Building, 2nd floor, Apartment No. 8+9, Southern Rimal, Gaza, Palestine.

P.O. Box: 505 Gaza City, Gaza Strip
Telephone: (00 970-8) 2626073
Fax: (00 970-8) 2626070
Email: gaza@agip.com
Contact: Manar Basheer (Ms)

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