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Palestine

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.

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The trademark law in Palestine is governed by the Trademarks Ordinance of 2001 and the Trademarks Rules of 2004, which replaced the Trademarks Act of 1940. Trademark matters are managed by the Intellectual Property Organization of Palestine (IPO). Palestine follows the "first-to-file" principle and is a member of the Madrid Protocol. As a member of the Madrid Protocol, Palestine offers a potential streamlined route for international trademark registration that includes Palestine.

Requirements for Trademark Registrability in Palestine

In Palestine, a trademark must be capable of distinguishing goods or services. It is not necessary to provide evidence of prior use in commerce when applying for trademark registration; applications can be filed based on "proposed use" or "intent to use." However, at any stage during the registration process, the registrar may request proof of use. Registrable trademarks can include words, signatures, names, logos, labels, numerals, or combinations of colors. Marks that may deceive the public, cause confusion, offend the religious sentiments of any Palestinei citizen, contain obscene or scandalous matter, or violate any existing law or morality cannot be registered. Applications filed in bad faith will also be rejected. Notably, while proof of use is not required at the time of application, a trademark not used within five years from the date of the registration certificate may be subject to cancellation upon request by any interested party.

Steps for Trademark Registration in Palestine

  •  Trademark Search: It is strongly recommended to conduct a trademark search to determine the availability of the trademark and avoid conflicts (Form TM-55).
  •  Determine the Appropriate Trademark Class: Palestine follows the Nice Classification.
  •  Application Submission: Submit the application to the Intellectual Property Organization of Palestine (Form TM-1, applicable for single-class applications only). 

Palestine does not allow multi-class applications. Applications can be submitted online or in person.

  •  Formal Examination: The IPO examines the application for formalities.
  •  Substantive Examination: The IPO examines the application for compliance with regulations and potential conflicts. The first examination report is usually issued approximately four months later. The applicant has three months to respond to objections.
  •  Publication/Advertisement: If accepted, the trademark is published in the Trademarks Journal for two months (extendable by two months) for opposition purposes.
  •  Opposition: Any interested party can file an opposition within 2-4 months after publication. The applicant can submit a counter-statement (Form TM-6 or TM-9).
  •  Registration: If no opposition is filed or if the opposition is dismissed, a registration certificate is issued. The entire registration process typically takes 2-3 years, provided there are no oppositions.

Basic Documents and Information Required for Trademark Application in Palestine

  •  Power of Attorney (Form TM-48), duly signed by the applicant and notarized at two designated places. This document can also be submitted later.
  •  Transliteration and Translation of any non-English characters in the trademark.
  •  Confirmation of Use or Intention to Use the trademark in Palestine. If already used, specify the duration of use.
  •  Nature of the Applicant’s Business, such as manufacturer, merchant, etc.
  •  Name, Address, and Nationality/Domicile of the applicant. The applicant must have a place of business in Palestine or file through an agent/lawyer.
  •  Description of Goods for which the trademark is applied.
  •  Certified Copy of Priority Application, if claiming priority (within six months of the first application). It must be submitted within three months from the application date in Palestine.
  •  Application Forms (TM-1 and TM-2).
  •  Proof of Identity of the applicant. Company proof/registration statement.

Validity, Renewal, and Consequences of Non-Use of Trademark Registration in Palestine

  •  Validity Period: The registration is valid for ten years from the date of application.
  •  Renewal: It can be renewed every ten years, with no limit on the number of renewals.
  •  Renewal Process: Renewal is done by paying the renewal fee. Failure to renew results in the trademark being removed from the register.
  •  Non-Use: A registered trademark not used within five years from the date of the registration certificate may be canceled upon request by any interested party. If no one requests cancellation for non-use within this period, subsequent use can restore protection. The potential cancellation period for non-use in Palestine is five years, longer than the three-year period in Hong Kong and Macau.

Protection of Foreign Trademark Owners in Palestine

Palestinei law protects both domestic and foreign trademarks. Foreign entities can register trademarks in Palestine. If they do not have a place of business in Palestine, they must file through a trademark agent/lawyer. Palestine is a signatory to international treaties such as the Paris Convention and TRIPS, ensuring that foreign businesses have the same trademark protection rights and opportunities as domestic entities, although local IP agents' assistance is usually required.

Specific Considerations for Trademark Registration in Palestine

  •  Considerations similar to those for the Nice Classification in Hong Kong and Macau.
  •  Ensure all required notarized documents are properly authenticated. Some documents may need certification by the Palestinei consulate.
  •  Consider filing through the Madrid Protocol.

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