Patent & Trademark Ordinance for 1938

Registration Duration: 7 years.

Renewal Duration: 14 years

Filing Requirements of Trademark/Service Mark Applications:
1. A power of attorney simply signed and sealed with the official stamp of the applicant Company revealing the exact date of execution. No notarization or legalization is now required.

2. Five prints of the trademark for each class of goods.

3. The name, address, nationality and occupation of the applicant.

The trademark application can be filed with a simple copy of the power of attorney provided that the original is submitted within a two months from the date of filing; however, the trademarks registrar in Gaza is not strict on the submission of the original power of attorney insofar as the simple copy of the same is submitted.

Filing up to Examination: 1-2 Months

Examination up to Publication : 6 months

Opposition Period: 3 months

End of Opposition Period up to Issuance of Registration Certificate: 2-3 months

Total Estimated Time Frame: 18-24 months

Renewal of Trademark/Service Mark Registrations:

1. A power of attorney simply signed and sealed with the official stamp of the applicant company. No notarization or legalization is now required.

2. The trademark number and class and date of the registration.<

The trademark renewal application can be filed with a simple copy of the power of attorney provided that the original is submitted within a two months from the date of filing; however, the trademarks registrar in Gaza is not strict on the submission of the original power of attorney insofar as the simple copy of the same is submitted.

Time frame from filing a trademark renewal application up till issuance of the renewal certificate: 7 Days

Change of Name/Address Requirements:

1. A power of attorney simply signed and sealed with the official stamp of the new name

and/address. No notarization or legalization is now required.

The change of name/address recordal can be filed with a simple copy of the power of attorney provided that the original is submitted within a two months from the date of filing; however, the trademarks registrar in Gaza is not strict on the submission of the original power of attorney insofar as the simple copy of the same is submitted.

Time frame needed for completing a change of name and/or address recordal: 7 days

Assignment Requirements:
1. A power of attorney simply signed and sealed with the official stamp of the new name

and/address. No notarization or legalization is now required, which should be submitted at the time of fling the change of name/address application and on the payment of the official recordal fees.
2. A notarized deed of assignment.

Trademark applications and registrations may be assigned only with the goodwill of the business concerned.

Time frame needed for completing the recordal of an assignment/merger recordal:7 days

ADDITIONAL TIME FRAMES:

Time frame required for preparing and filing an opposition or counterstatement with the Trademarks Office and follow up its proceedings till final settlement:

The opposition proceeding in Gaza – Palestine starts by filing an opposition statement with the Trademark Office emphasizing the factual background, the client’s rights in the trademark, violation by the relevant laws by the applicant of the trademark and our request of rejecting the registration of the same, after that the Registrar will notify the applicant with a copy of the opposition statement and request to submit a counterstatement in response to the same within 30 days from the date of notification.

Please note that the total estimated time frame from filing the opposition action up to the issuance the decision in Gaza is 12 months.

Time frame required for preparing and filing a lawsuit of any type such as infringement or cancellation action and follow up its proceedings till final settlement:

6 months.

Time frame required for filing an appeal with the trademarks registrar or court as applicable regarding an opposition action, counterstatement or rejection:

Please note that the time frame for filing an appeal with the Trademarks Office in Gaza is 6-12 months, while the time frame for filing appeal with the court is 12-18 months.

Agency Agreements Requirements:
1. A Power of Attorney legalized up to the Palestinian Consulate. Notarization is acceptable, if a Palestinian Consulate is not available.
2. An Agency Agreement executed by the Principal and the Agent, legalized up to the Palestinian Consulate and a certified translation if not in Arabic.

FILING REQUIREMENT

1. Power of attorney, simply signed.
2. Patent Form No. 1 signed by the inventor(s) as applicant(s) or jointly with the applicant(s) if different, notarized.
3. 3 copies of the specifications in English, with Arabic translation.
4. 3 sets of formal drawings.
Documents 1, 2 and one copy of the specifications with the Arabic translation must be submitted at the time of filing. Items 3 and 4 may be filed within 3 months from filing date.

SEARCH

No provision exists.

ANNUITIES

A maintenance fee is due annually on the anniversary of the filing date and is payable before the expiration of the 4th, 8th, and 12th years as from filing date. There is a 3-month grace period for late payment with a surcharge.

WORKING REQUIREMENT

Working of patents is an official requirement. In the event that the owner of a patented invention does not satisfy the stipulated working requirements of the country within 3 years as of the date of grant, the patent will be subject to compulsory licensing under the provisions of the law.

FILING REQUIREMENT

1. Power of attorney simply signed by the applicant.
2. Three sets of specimens or representations of the design.
3. The name, business, nationality and address of the applicant.
4. The class (es) in which the design is to be registered.
5. The article(s) covered by the design and the material used in producing these items.
6. A description of the design pointing out its novel aspects.

MULTIPLE FIGURE APPLICATION

No provision exists.

RENEWAL

For two consecutive terms of 5 years each.

NOTE: Design applications accepted by the Registrar are published in the Official Gazette. There is a 2-month period open for filing opposition by any interested party. Such a registration is affected without any novelty examination at the applicant’s responsibility.

NOTE NO LAW GOVERNING COPYRIGHTS EXIST

Trademark Requirements:

A power of attorney duly legalized up to the Palestinian Consulate, if not available, legalization of the Jordanian Consulate. A general power may be used for subsequent filings or handling any trademarks related matters.

Fifteen prints of the trademark for each class of goods.

The name, address, nationality and occupation of the applicant.

The trademark application can be filed without the required legalized power of attorney which can be submitted within a non-extendable term of three month.

TIME FRAME:

Filing up to Examination : 3-4 days

Examination up to Publication : Cannot be estimated

Opposition Period : 3 months from publication date

End of Opposition Period up to Issuance of Registration Certificate : 2-3 months

Total Estimated Time Frame : 18-24 months

Renewal:

A power of attorney duly legalized up to the Palestinian Consulate, if not available, legalization of the Jordanian Consulate.

Filing up to Examination : 4-7 day (if all the requirements is Complete)

Examination up to Publication : 5 DAY -7 MONTH

Publication to Issuance of Renewal Certificate : THE Certificate Issuance Before Publication

Total Estimated Time Frame : 9 day – 7 month

Protection Term
Trademark registrations are valid for 7 years from filing date and are renewable for periods of 14 years each. There is a grace period of 1 month for late renewals with payment of a surcharge.

Classification
The International Classification of Goods and Services (8th Edition) is followed. A separate application is required for each class.

Examination
Examination is performed on formal, absolute and relative grounds.

Opposition Proceedings
Please note that once an opposition is lodged with the Trademark Office, it will be examined formally and if accepted the Registrar will serve a copy of the same to the defendant who should file a counterstatement within 30 days as of the date of being notified of the opposition. If the applicant files a counterstatement within the prescribed term, the opposing party should submit evidences in support of the opposition statement in a form of affidavit (declaration under oath) within 30 days from the date of filing the counterstatement by the applicant (the affidavit should be legalized up to a Palestine consulate abroad). Likewise, the applicant as well has to file their evidence in a form of affidavit (declaration under oath) within 30 days from the date of filing their counterstatement. Finally, the Registrar holds a hearing session for hearing both parties and, thereafter, and issues final decision.

Kindly note that opposition proceedings last approximately 18 months till the Registrar’s decision is issued and this decision is subject to appeal before the High Court within 20 days from the date of notification.

Documents required for an opposition:

A power of attorney up to a Palestinian Consulate abroad.

An affidavit contains information of the history of registration and use of opponent trademark worldwide along with photocopies of supporting evidence legalized up to a Palestinian Consulate abroad; this to be submitted in support to opposition within one month after filing the opposition, draft can be provided.Information of similar case in other Country, if any.

Copies of registration certificates of the trademarks in other countries.

Proof of use of the trademark in West bank and other countries as well.

Extension of Time
Extension of time for oppositions/counter-oppositions or for responding to office actions is possible.

Use Requirements
Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 2 years preceding date of filing for cancellation.

Search
An official search may be conducted for word marks and devices. It takes approximately 2 working days for the results to be available. A separate application is required for search in each class. The search report discloses similar and identical trademarks.

Assignment Requirements:
Registered trademarks may be assigned only with the goodwill of the business concerned.
A power of attorney from the assignee, legalized; and deed of assignment, notarized.

Filing assignment application of a pending application is possible as per the practice of the Trademark Office in West Bank. However, please note that once the assignment application is filed the same is kept in the file of the mark and is effected only after the elapse of the opposition period of the mark and registration certificate is issued.

Change of Name/Address
Documents required: Power of attorney, legalized; and copy of the certificate of change of name/address,

Filing up to Examination : 4-7 day (if all the requirements for is Complete)

Examination up to Publication : 5 DAY-7 MONTH

Publication to Issuance of Certificate Recordal : THE Certificate Issuance Before Publication

Total Estimated Time Frame : 9 day – 7 month

Time frame needed for completing the recordal of an assignment/change of name/address

Licensing
License recordal is compulsory in order to be effective against third parties.
Documents required: Power of attorney from licensor duly legalized up to the Palestinian Consulate; license agreement signed by both licensor and licensee and license agreement duly legalized by competent authorities.

Time frame needed for completing a registered user/license agreement from submitting the recordal application till issuance of the user/license agreement certificate:

Filing up to Examination : 4-7 day (if all the requirements for is Complete)

Examination up to Publication : 5 DAY-7 MONTH

Total Estimated Time Frame till issuance of the user/license agreement certificate : 9 day – 7 month

Marking
Marking is not compulsory.

Cancellation
A trademark is subject to cancellation by any interested party within 5 years from registration date.

Registration Time Frame
The time frame for completing the registration process is 16 to 24 months.

Three Dimensional Trademark Applications
Inadmissible.

ADDITIONAL TIME FRAMES:

Time frame required for preparing and filing an opposition or counterstatement with the Trademarks Office and follow up its proceedings till final settlement: from 6 months to 18 months

Time frame required for preparing and filing a lawsuit of any type such as infringement or cancellation action and follow up its proceedings till final settlement:.

From 3 months to 18 months

Time frame required for filing an appeal with the trademarks registrar or court as applicable regarding an opposition action, counterstatement or rejection:

From 3 months to 18 months

FILING REQUIREMENTS

1. Power of attorney, legalized.
2. Patent Form No. 1 signed by the inventor(s) as applicant(s) or jointly with the applicant(s) if different, notarized.
3. 3 copies of the specifications in English with Arabic translation.
4. 3 sets of formal drawings.

Document 2 and one copy of the specifications with the Arabic translation must be submitted at the time of filing. Items 1, 3 and 4 may be submitted within 3 months from filing date.

ANNUITIES

A maintenance fee is due annually on the anniversary of the filing date and is payable before the expiration of the 4th, 8th, and 12th years as from filing date. There is a 2-month grace period for late payment with a surcharge.

Designs are protected through registration with the competent office. A separate application has to be filed in each jurisdiction. Such a registration is effected without any novelty examination at the applicant’s responsibility.

FILING REQUIREMENTS

1. Power of attorney duly legalized up to the Palestinian Consulate.
2. Three sets of specimens or representations of the design.
3. The name, business, nationality and address of the applicant.
4. The class (es) in which the design is to be registered.
5. The article(s) covered by the design and the material used in producing these items.
6. A description of the design pointing out its novel aspects.

MULTIPLE FIGURES

No provision

NO STATUTORY LAW EXISTS FOR COPYRIGHTS