Westbank (WB)
02-18-2013 (Newsletter Issue 2/13)Official Fees IncreasedThe Ministers Cabinet in West Bank of Palestinian National Authority has issued new Regulations amending the Trademarks Law No. 1 of the year 1952 (Jordanian law which applied in West Bank) and to be read along with the same, whereby Article 3 of the aforementioned Regulations has been amended, on 28 August 2012.
The new Regulations stipulated an increase in the official fees stated in Article 3 of the Trademarks Regulations No. 1 of the year 1952, and which should be paid to the West Bank Trademarks Office for filing, publication, registration, renewal, recordals, oppositions and cancellation services.
The new official fees list for trademarks services adopted by the West Bank Government on September 3, 2012 became effective as of January 20, 2013.
The official fee for filing a trademark is now USD 115.00 for each class. The official fee for registration is USD 70.00 and for publication USD 30.00.
Source: JAH & Co. IP, Doha, Qatar and A. F. & R. Shehadeh Law Firm, Palestinian Territory 05-02-2012 (Newsletter Issue 7/12)
Change of Practice for Renewals
The Palestinian Trademark Office of West Bank has introduced publication procedure for trademarks that are due for renewals.
Accordingly, renewal applications will not be accepted unless accompanied by the prescribed publication fees. Activation of this procedure has initially resulted in an increase in the official fees.
Source: www.smas-ip.com
06-01-2011 (Newsletter Issue 8/11)
IP Gazette Introduced
Following ministerial decision number 4, issued on February 14th, 2011, Articles 32 and 34 of Trademark Law No. 1 of 1952 have been amended.
Based on this amendment, all intellectual property updates in the West Bank will be published in a new journal called "Industrial Property Gazette". The new journal will include all IP related matters only. Having an IP Gazette means that publication of accepted applications in the West Bank is expeted to be more frequent and systematic. The first issue of this Gazette has already been released.
Source: SABA & Co.
Different trademark laws are valid in the Palestinian areas Gaza and West Bank. In order to file a trademark in both territories, separate applications are necessary.
The Jordanian Trademark Law Nr. 33 of 1952 is legal basis for application in West Bank.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification, 8th edition
The revision of class 42 with the creation of classes 43 to 45 has been adopted as of November 2005.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks and trade names.
The application is filed at the Trademark Office.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A notarised power of attorney authenticated by a Palestinian or Jordanian consulate is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration or first office action is approx. 16 to 18 months.
Following the successful examination, the trademark application is published in the official gazette. If no opposition is filed, the registration takes place 3 months later.
National:
The opposition period is 3 months from the date of publication in the Gazette. An opposition against the application 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 either party appeals the registrarʼs decision.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
is not a member of the Madrid Agreement or Protocol.
A trademark registration is valid for 7 years. Renewal is possible for periods of 14 years.
If for a continuous period of at least 2 years the trademark has not been used, it may be subject to cancellation. Failure to use the trademark for two years is excused if the non use is due to the presence of special commercial conditions and not to the presence of an intention not to use the mark or to abandon it regarding the goods for which it was registered.
The official fee for filing a trademark is USD 115.00 for each class. The official fee for registration is USD 70.00 and for publication USD 30.00.
Trademark Licence Agreements
In Westbank a Trademark Licence Agreement has to be in writing. Licensing of unregistered marks is not permissible. A trademark may be licensed for some or all of the goods or services in respect of which the trademark is registered. The sale of a registered trademark does not automatically terminate the licence. There are no statutory provisions prescribing the terms of the licence agreement.
Recordal
There are no provisions in law for the recordal of a licensee. The recordal of licence is voluntary. However a license will not have any legal effect vis-à-vis third parties unless it is recorded. Furthermore, there is no time frame for a recordal. There is no prescribed form or content for the validity of a licence agreement, but it should be in writing. Further documents are required for the recordal:
1. A Power of Attorney from licensee and licensor
2. A copy of the licence agreement
Effectiveness
The licence agreement becomes effective and enforceable against third parties upon application date of the recordal. The licence is not required to be published.
Infringement Proceedings
There is no evidentiary presumption that use of a recorded licensee is permitted use. The licensee can join the trademark owner in infringement proceedings. However, the licensee can not call upon the owner to institute infringement proceedings and he can not institute proceedings in his own name if the proprietor refuses or neglects to do so. The licensee must cite the trademark owner as co-defendant in any such proceedings.
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
We would like to thank the following law firms for their assistance in updating the information provided:
Country Survey
01-31-2012
A. F. & R. Shehadeh Law Firm, Ramallah, Palestinian Territory, Occupied
Licensing
11-22-2011
A. F. & R. Shehadeh Law Firm, Ramallah, Palestinian Territory, Occupied