Trade and Service Marks

– Palestinian Trade Marks Law No. 35 of 1938 and Implementing Regulations of the Trademarks Act of 1940.
– Decision of the Minister of Justice of the Palestinian Authority of September 8, 1996.

Membership in International Conventions

– None.

Filing and Protection

Applicant: individual or legal entity.

Applicants not residing in the Gaza Strip: must appoint an agent there.

Definition: a mark used upon or in connection with goods for the purpose of indicating that they are the goods of the owner of such trademark by virtue of manufacture, selection, certification, dealing with or offering for sale.

Types of marks accepted for registration: trademarks; certification marks; service marks; or marks containing the name or portrait of another person, provided with the consent of that person.

Color marks: registrable.

Collective marks: not registrable.

Not protectable: trademarks which are not distinctive, which are descriptive or similar to a prior registration.

Not registrable: public logos, official hallmarks, flags and the like; trademarks against public morality; marks similar to the Red Cross or Red Crescent; marks of purely religious significance; names and portraits of persons (except with their consent).

Classification: International Classification of Goods and Services (11th Edition of Nice Classification). Registration under class 33 is prohibited. A separate application is required for each class of goods.

Priority: not applicable.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, simply signed and stamped, clearly stating the applicant’s name and address;
2. Presentation of the mark for each class of goods, also for word marks;
3. Name, nationality, address and occupation or business of the applicant;
4. A list of the goods and services to be covered by the application.

Electronic filing: not available.

Electronic signatures: are accepted.

Examination: as to formalities, registrability and prior registrations.

Publication – public file inspection: if the application is accepted, it will be published in the Official Gazette.

Appeal: if the application is rejected, a response may be filed before the Registrar within one month.

Opposition: possible within three months from the date of publication. 

Disclaimers: available.

Letters of consent: can be accepted.

Rights of prior user: no provision.

Assignment: only with the goodwill of the business concerned. All assignments should be recorded within six months.

License: possible; must be registered.

Duration: seven years from the filing date.

Renewal: possible indefinitely for periods of fourteen years each.

Use: a trademark is vulnerable to cancellation if there was no honest use of the trademark during the two years immediately preceding the application for cancellation.

Marking: not applicable.

Infringement – penalties: not provided for.