Mar 05, 2024 (Newsletter Issue 2/24)
Trademarks Office Resumed its Operations
In follow up to the earlier decrees issued by the Palestinian Authorities declaring the state of emergency due to the ongoing war in Gaza, and based on which all legal deadlines were frozen until further notice, the Trademarks office in the west Bank has resumed its normal operation as from 07 January 2024 and all legal deadlines thenceforth are to be complied with.
Source: www.jahip.com
Dec 01, 2022 (Newsletter Issue 17/22)
New PoA Revokes All Prior Authorizations
The Trademark Office in the West Bank issued a new decision about the authorization of trademark agents in the West Bank.
The new decision stipulates that any new General or Limited Power of Attorney (PoA) revokes all prior authorizations. In addition, only one local agent will be responsible for all trademarks in the name of the same owner. However, a Limited Power of Attorney per trademark can be executed without changing the agent on record for the remaining trademarks.
The decision will be implemented starting 1 January 2023.
Source: www.agip.com
Feb 25, 2021 (Newsletter Issue 4/21)
New Administrative Courts Law Issued
On January 11, 2021, the new Administrative Courts Law No. 41 of 2020 was issued in the Westbank and published in the Official Gazette.
The new law stipulates that administrative justice should take two stages: the Administrative Court and the Administrative High Court.
Any interested party damaged from an administrative decision, including the decisions related to trademarks, patents and industrial designs, can oppose such a decision before the Administrative Court within 60 days. The issued decision can be appealed before the Administrative High Court within 30 days. The Administrative High Court decisions are final and cannot be subject to appeal before any other judicial entity.
Source: www.agip.com
Dec 05, 2019 (Newsletter Issue 17/19)
PoA at Time of Filing Now
The Palestinian Authority in the West Bank has introduced some new practices relating to powers of attorney (PoA) that are effective since November 2019.
The main change is that the late filing of a PoA is no longer possible, i.e., a PoA must accompany the application at the time of filing.
Source: IP Factor
Jan 16, 2018 (Newsletter Issue 1/18)10th Edition of the Nice ClassificationThe Trademark Authorities at the Ministry of National Economy in West Bank have officially adopted the tenth edition of the International Classification of Goods and Services for the purpose of the registration of trademarks under the nice agreement (Nice Classification). Accordingly, the Trademark Office is now ready to receive trademark applications for goods and services under the 10th edition of the classification.
Source: JAH & Co. IP, Qatar May 31, 2016 (Newsletter Issue 10/16)Original PoA RequiredThe 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 Feb 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 May 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
Jun 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, 10th edition
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."
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations or shades of colors, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs. Three-dimensional marks cannot be registered in the West Bank
The following trademark types are registrable: trademarks, 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 notarized Power of Attorney (PoA) authenticated by a Palestinian consulate is necessary at the time of filing.
As of 1 January 2023, any new PoA revokes all prior authorizations and only one local agent is responsible for all trademarks in the name of the same owner. However, a limited PoA per trademark can be executed without changing the agent on record for the remaining trademarks.
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. 12 to 16 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.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe 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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General Trademark Regulations
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Aug 08, 2024
A. F. & R. Shehadeh Law Firm, Ramallah, Palestinian Territory