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 acquired
by sufficient public recognition
Office of the Registrar in the West Bank
P.O. Box 1629
Ramallah
Palestine
Mail
info@met.gov.ps
The
Palestinian territories, the West Bank and Gaza Strip, have separate
jurisdictions with regards to Intellectual Property.
The
Palestinian Trademark and Patent Laws for the year 1938 are adopted in Gaza
Strip while the Jordanian laws for the year 1952 are adopted in the West Bank.
The two laws are very similar. For obtaining full protection all over the
Palestinian territories, we recommend filing in both jurisdictions.
Palestine
is not a member of any international convention but abides by the International
Classification of Goods and Services for the Purposes of the Registration of
Marks under the Nice Agreement. A separate application is to be filed for each
class of goods and/or services, as well as in each jurisdiction.
Once
a trademark application is filed, it is examined as to its registrability.
Trademark applications accepted by the Registrar are published in the Official
Gazette. There is a 3-month period open for filing opposition by any interested
party. An opposition to 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 Registrar's decision. In the absence of opposition, or in case it
is rejected, a certificate of registration will be issued.
A
trademark registration is valid for 7 years from the date of filing the
application renewable for periods of 14 years each. The trademark law provides
for a one-month period for late renewal of a trademark subject to the payment
of a lateness fine. A trademark registration can be renewed at any time after
the expiry of the relevant registration as long as the Registrar has not
ordered that such a trademark registration should be removed from the register
of trademarks.
Trademark Requirements:
1. 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.
2. Fifteen
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 without the required legalized power of
attorney which can be submitted within a non-extendable term of three month.
TIME FRAME:
The
expected time frame from filing up to registration is from 18 to 24 months.
Renewal:
-
A power of attorney duly legalized up to the
Palestinian Consulate, if not available, legalization of the Jordanian
Consulate.
Validity:
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.
Examination:
-
Examination is performed on formal, absolute
and relative grounds.
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.
Recordal of 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.
Recordal of Change of Name/Address:
-
A Power of attorney, legalized;
Recordal of License agreement requirement:
-
Copy of the certificate of change of name/address.
-
A 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.
Cancellation action:
A
trademark is subject to cancellation by any interested party within 5 years
from registration date.
Once
a patent application is filed, it is examined as to compliance with formalities
and patentability provided for under the Patent Law. The Patent Office may
require whatever amendments are necessary to bring the application into
conformity with the law. In the event the applicant does not comply with the
requests of the Patent Office within a given grace period or as authorized by
the Registrar of patents, the Registrar will refuse the application.
An
applicant is entitled to appeal against the Registrar's request by means of
submitting a petition to the High Court of Justice within one month as from the
date of the Registrar's decision. Approved applications are published in the
Official Gazette and are open to public inspection. Any interested party may
oppose the grant of a patent within two months from the date of publication.
The opposition notice is submitted to the Registrar of patents. Should no
opposition against the grant of a patent be filed, a decision granting the
patent is issued. The letters patent are granted after payment of the
prescribed fees.
A
patent is valid for sixteen years from the date of filing the application; such
validity is subject to payment of the prescribed renewal fees which should be
paid before the expiration of the fourth, eighth, and twelfth years from the
filing date.
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. Three
copies of the specifications in English with Arabic translation.
4. Three
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.
A
design registration is valid for 5 years from the filing date renewable for two
similar periods of 5 years each.
Filing Requirements:
1. A 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.
NO STATUTORY LAW EXISTS FOR COPYRIGHTS