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Middle East - JAH CO.IP
Change of filing requirement for POA – Afghanistan

The Afghan Trademark Registration Office (ATRO) has stipulated that it is no longer permitted to file trademarks applications unless with the presence of at least scanned copy of the notarized and legalized POA up to the Afghani Consulate abroad. This decision has been put into effect as of 29/08/2018.

 

As a background, please note that ATRO used to accept filing a trademark application without the legalized power of attorney at the time of filing which can be submitted within three months from the date of filing at no additional cost. However, ATRO has recently changed this practice and started requiring scanned copy of the legalized POA at the time of filing with effect from the date 29/08/2018 allowing to submit the original POA within one month from the date of filing.

 

In this connection, please note that in absence of Afghani Consulate in the home country of the applicant, it is possible to complete the channel of legalization locally in Kabul from our side provided that the power of attorney is sent to us notarized by a Notary Public and attested by the Ministry of Foreign Affairs of the applicant home country. This service of local attestation of power of attorney or any other IP related documents is solely provided for those clients residing in a country where Afghanistan Embassy/Consulate is not available; otherwise, it will be considered as an illegal act.

 

For further information or clarification please contact us at info@jahcoip.com

Trademarks applications at “risk” in Kuwait

We wish to kindly update all clients and associates that we have recently received an Official Circular from the Kuwaiti Trademarks Office informing local agents that they set a non-extendable deadline of 31/08/2018 for all trademarks applications for registration filed before 01/01/2018 to clear the following:

 

  • To enter the details of all filed pending applications in the IPAS system (the new internal system for records adopted by the Kuwaiti Trademark Office) for the purpose of examination
  • To settle publication fees for all examined and accepted trademarks applications for registration

 

Failure to attend to the above within the prescribed deadline will result in the lapse of the application.  Attached is a copy of the circular as received from the Kuwaiti Trademarks Office for your reference.

 

JAH will be writing to our clients separately with respect to their trademarks and for trademarks not registered through our firm, we would be pleased to extend our services.

 

Kindly mail info@jahcoip.com for the related requirements and charges so as secure the protection of your trademarks at the earliest duly noting that an original legalized POA is must to undertake the aforementioned actions.

JAH Update Lebanon,Swaziland, Namibia and Somalia

LEBANON

 

The Trademark Office in Lebanon has requested that all requests for recordal of assignments and mergers to be filed under this jurisdiction from June 29, 2018 to be accompanied by the original registration certificate.

 

As per the earlier procedure the TMO used to issue a simple declaration attesting to the recordal but now fresh certificates will be issued in the name of the assignee or the new entity following the merger. The original certificate of registration will be kept with the registry for their records.

 

SWAZILAND

 

The passing of the Intellectual Property Tribunal Act of 2018, which seeks to establish a decision-making body which will be responsible for hearing all matters and disputes involving intellectual property rights; the Act has entered into force without any accompanying regulations. The Patent and Design Act of 1997 and the Patent, Designs and Trade Marks Act of 1936 have now been replaced with the Patents Act more details are yet to be published.

 

NAMIBIA

 

The Namibian Industrial Property Act, 2012 has come into effect on 1 August 2018; it repeals the Patents, Designs, Trade Marks and Copyright Act, 1916, the Patents and Designs Proclamation, 1923 and the Trade Marks in South West Africa Act, 1973. This Act provides for the registration and protection and administration of patents, utility model certificates, industrial designs, trademarks, collective marks, certification marks and trade names.

 

SOMALIA AND SOMALILAND

 

We are pleased to note that publication of cautionary notices is now possible under both the jurisdictions. Prior to 1991 the Trade Marks Registry in Somalia was in operation and it was possible to file trade mark applications; however, the ensuing civil war lead to the breakup of the country. In the absence of Trademark Law protection of trademarks is only by publishing a cautionary notice in the leading newspaper and online. Therefore, there is no provision for renewal of the mark. However, the cautionary notice(s) may be re-published annually.

 

For further information or clarification please contact us at info@jahcoip.com

JAH Update UAE and Iran

UAE

 

We wish to kindly draw your attention to the UAE TMO has now completed the preparation of the electronic renewal services for trademarks as part of their ongoing effort to swift gradually to services online. It is now possible to file the renewal application which will be published immediately in the next Gazette issue for which clips of publication can be uploaded together with the publication of local gazette in order to issue the electronic renewal certificate.

 

It has also been clarified that for all renewal applications filed as of 06/12/2015, it is possible to upload publication of local newspapers and issue the electronic renewal certificate.  This news follows the TMO announcements of issuing certificates electronically as of November 2017 for trademark registration and option of conducting official searches online as of April 21, 2018

 

These e-services, among others provided by the TMO, replace previous procedures that required the submission of documents and applications in person.

 

IRAN

 

Please note that Iran Intellectual Property Office has announced that as of May 30, 2018 the followings will apply to all PCT cases in Iran for granted, pending and future cases.

 

  1. Terms of protection: 20 years from PCT filing date, not Iranian application date, IIPO will issue a notification for all granted patents with regard to this error.
  2. PCT patents are subject to annuity payments from PCT filing date and all past annuities must be paid, thus patent applications filed on May 30, 2018 onward are subject to additional annuity payments. PCT applications and granted patents prior to May 30, 2018 must pay the missing annuities at the time of next annuity payment.
  3. PCT applications that are in the process of registration must pay the missing annuities prior to IIPO granting the patent.

 

For further information or clarification please contact us at info@jahcoip.com

JAH Update Morocco, Libya and Bahrain

MOROCCO

 

Please be advised that the Moroccan Trademark Office (OMPIC) has announced that as of 28th May, 2018, trademark registration certificates and renewal certificates will be issued electronically in a digital PDF format bearing the official stamp of OMPIC.  Such a move is aimed at expediting and facilitating registration process of trademarks, whilst the certificate will have the same legal value for enforcement purpose.

 

In this connection, we would be pleased to share the list of trademarks which are due for renewal under this jurisdiction in 2018. We kindly request you to peruse the said list to ensure that no trademarks of your concern are under threat of expiry.

 

In Morocco, the validity of the trademark registration is ten years as from the filing date.  Thereafter, a trademark registration is renewable for further consecutive periods of ten years each.  The renewal fees of a trademark registration can be paid during the last 6 months of the current protection period. There is a 6-month grace period within which a late renewal application can be filed, but such a late renewal application is subject to the payment of additional fees.

 

LIBYA

 

Please be advised that owing to the long term of instability and destruction wrought by the civil war under this jurisdiction and intermittent functioning of the trademark office, it has come to our attention that many registered trademarks have been left without any representation due to the fact that several local IP agents could no longer viably conduct their operations due to safety concerns. Therefore, we have compiled a list of trademark registrations eligible for renewal for whom no agent or address of service is available with the TMO. Kindly peruse the list and write to us if you wish to effect the renewal for any of the said trademarks

 

In the meantime, we wish to kindly point out that any trademark that had been published under this jurisdiction and was not faced with any opposition by other third parties within a non-extendable three month from the date of publication the mark is virtually considered to be registered, enforceable against third parties and eligible for renewal after the elapse of ten years as from the filing date in spite of the lack of issuance of the registration certificate.

 

It should be noted that since the issuance of the registration certificate is expected to face delays it is also possible for the owner of the mark to obtain an official certificate confirming the registration of their mark whose term of opposition has passed without any third-party action.

 

BAHRAIN

 

Kindly note that substantive examination of pending patent applications in Bahrain have commenced as of May 29, 2018. Please check your records as follow up for all the patents filed under this jurisdiction so that examination reports have been received. If you wish us to obtain for you the status of your patents please write to us.

 

For further information or clarification please contact us at info@jahcoip.com