10-01-2011 (Newsletter Issue 11/11)
Simply Signed PoA Accepted
The Registrar of Patents, Trademarks, and Designs in Gaza announced that a simply signed Power of Attorney without legalization is now accepted in respect of services related to patents, trademarks and designs, effective from 13 September 2011.
Accordingly, the filing requirements for patents, trademarks and designs are as follows:
- A simply signed power of attorney clearly indicating the name and capacity of the signatory along with the company stamp.
- Certified copy of priority document if claimed.
In addition to the above requirements, a declaration verifying the accuracy of the Power of Attorney should be filed by the legal representative.
Source: NJQ & Associates, Jordan
03-24-2011 (Newsletter Issue 5/11)New Practice for TM FilingsThe Registrar of the Trademark Office in Gaza does not require anymore an extract from the commercial register or certificate of incorporation of the applicant company for filing new trademark applications.
Source: JAH & CO. IP, Qatar
02-01-2011 (Newsletter Issue 2/11)
Requirements for TM Filing Changed
The Trademark Office decided on the following changes:
1. Class 33 is not allowed any longer for registration.
2. Simply signed powers of attorney are not accepted. The PoA must be duly notarized and legalized up to the Palestine consulate abroad
3. The PoA must be executed on the same year the trademark application is filed. Powers with an older execution date will not be accepted.
4. The PoA must be accompanied by a Copy of the commercial register of the applicant, legalized up to the Palestine consulate abroad.
Source: www.njq-ip.com, www.sabaip.com
11-01-2010 (Newsletter Issue 16/10)
Power of Attorney Needed
The Trademark Office in Gaza requires now to provide a simply signed Power of Attorney within one month from the date of filing of new applications.
Furthermore, Powers of Attorney from earlier applications are not beeing accepted for new filings.
Legal basis for applications in Gaza is the Palestinian Trademark and Patent Law of 1938. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification, 8th edition.
Class 32 and 33 are not allowed for registration.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
The application is filed at the Patent Office.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
The power of attorney is to be legalized by the Palestinian Representative Office at the client's end. Thereafter it has to be legalized locally by the Palestinian Ministry of Foreign affairs.
PoAs must be executed on the same year the trademark application is filed.
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 is approx. 18-24 months.
Following a successful examination of the application, the trademark is published in the official gazette. If no opposition has been filed, the trademark is registered three months later.
An opposition against the registration of a trademark should be prosecuted before the registrar within 3 months as of the date of publication in the Gazette. The opposition case is referred to the High Court of Justice, if not settled before the registrar, or if either party appeals the registrarʼs decision.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.
A trademark registration is valid for seven years from the date of filing the application. It is renewable for every fourteen years.
The grace period for renewals is 1 month from the date of receiving a notice from the Registrar in this respect.
If the trademark has not been used within 2 years from registration or has later not been used for a continuous period of 2 years, it may be subject to cancellation.
The official fee is approx. EUR 90.00 per class.
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
We would like to thank the following law firms for their assistance in updating the information provided:
A. F. & R. Shehadeh Law Firm, Ramallah, Palestinian Territory, Occupied
Saba IP, Beirut, Lebanon