Jan 12, 2023 (Newsletter Issue 1/23)11th Edition of Nice Classification / 10th Edition of Locarno ClassificationThe Trademark Office announced that the 11th Edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement (Nice Classification) has been adopted in Gaza.
In addition, the 10th edition of the Locarno Classification, the international classification used for the purposes of the registration of industrial designs, has entered into force in Gaza.
Source: JAH Intellectual Property, Qatar; www.shehadehlaw.com
Dec 03, 2013 (Newsletter Issue 17/13)
Revision of Formalities
The Trademark Office in Gaza is requesting notarized power of attorney for the filing of oppositions, instead of simply signed with immediate effect. The original PoA notarized should be submitted at the time of filing and it is not possible to obtain an extension of time to file the opposition.
Source: Saba & Co. IP – Head Office, Lebanon
Oct 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
Mar 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 Feb 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
Nov 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.
Source: www.agip.com
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 partially acquired by sufficient public recognition.
Nice classification, 11th edition.
Class 33 and alcoholic goods in class 32 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.
A stamped simply signed Power of Attorney is required. In case there is no company seal, it should be duly notarized.
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. 12-15 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.
National:
An opposition against the registration of a trademark should be submitted to 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.
A trademark registration is valid for seven years from the date of filing the application. It is renewable for every fourteen years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is NIS 464 for each class. The official fee for registration is NIS 294 and for publication NIS 134.
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Practical details on trademark licensing are available in our publication
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More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
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Dec 20, 2022
A. F. & R. Shehadeh Law Firm, Ramallah, Palestinian Territory