Q&A On Trademark Law & Practices In Gaza
01-Aug-1999 Q: What is registrable?
A: Words, drawings, emblems, monograms, engravings, color combinations, combinations of letters and numbers, advertising slogans, and any other distinctive signs, including service marks, are registrable.
Q: Is local registration the only option, or are there international alternatives?
A: A Palestinian registration/application has effect in Palestine only.
Q: Is registration of a trademark mandatory?
A: Registration is compulsory.
Q: Should a trademark be searched before filing?
A: It is highly recommended.
Q: How long does it take to conduct a trademark search?
A: Two to four working days.
Q: How do I file?
A: The applicant must file a Trademark Application via a Palestinian trademark attorney.
Q: Does Gaza Strip follow the International Classification of goods?
A: Yes.
Q: Are there any goods or services for which the mark cannot be registered?
A: No.
Q: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to the whole goods within the class?
A: The specification of goods in any class limits the protection to the specified goods.
Q: Can a trademark be registered in the name of more than one applicant (i.e. joint application)?
A: No.
Q: Can an application be filled without its complete documents?
A: No.
Q: Can one application cover more than one class of goods/services?
A: No.
Q: May priority be claimed under the Paris Convention?
A: No, as the PNA is not a member of it.
Q: What is the term of protection of a trademark and from what date is it calculated?
A: For seven years from the filing date, renewal for a further 14 years.
Q: Is marking compulsory?
A: No, but recommended.
Q: Is use required before registration or for maintaining the registration in force?
A: No, but it is highly recommended as the registration may be cancelled by 3rd party due to non-use within two years from the filing date.
Q: Can assignment of an application be recorded?
A: Yes.
Q: Is Recordal of a license agreement compulsory?
A: No.
Q:Can recordal such as change of name, address, merger, assignment, license, etc., be made against pending application?
A: Yes.
Q: Can the trademark application be opposed and what is the opposition period?
A: Yes, three months following publication in the Official Gazette.