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Westbank (WB)

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05-31-2016 (Newsletter Issue 10/16)
Original PoA Required
The Westbank Trademark Office has issued directives stating that it is no more permitted to file trademark applications in this jurisdiction without the original legalized power of attorney which has to accompany the application at the time of filing.

Earlier it was possible to file the trademark application without the required legalized power of attorney which could be submitted within two months from the date of filing which can be extended for one month time only.

Source: JAH & Co. IP, Qatar


02-18-2013 (Newsletter Issue 2/13)
Official Fees Increased
The 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 partially 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.
West Bank Trademark Law no. 33 of 1952, Art. 7 provides: "Trademarks eligible for registration must consist of characters, devices or marks or a combination of these things which have a distinctive character."

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 consulate is necessary at the time of filing.
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.
A trademark registration is valid for 7 years. Renewal is possible for periods of 14 years.
The grace period for renewals is 1 month from the date of receiving a notice from the Registrar in this respect. After the lapse of the period fixed by the Registrar, renewals may be handled within 1 year from the publication of non-renewal upon payment of extra fees of USD 30 per mark.

Further practical details are available in our publication on this topic here
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 or if it is proven that there was no intention to abandon the mark or to refrain from using it regarding the goods for which it was registered.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is JOD 80 for each class. The official fee for registration is JOD 50 and for publication JOD 20.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
05-17-2016
A. F. & R. Shehadeh Law Firm, Ramallah, Palestinian Territory

12-01-2014
A. F. & R. Shehadeh Law Firm, Ramallah, Palestinian Territory

08-13-2013
A. F. & R. Shehadeh Law Firm, Ramallah, Palestinian Territory

01-31-2012
A. F. & R. Shehadeh Law Firm, Ramallah, Palestinian Territory



Office of the Registrar in the West Bank
P.O. Box 1629
Ramallah
Palestine


Mail info@met.gov.ps