Registering a trademark in Palestine is mandatory in order to obtain the right to a trademark, as this is a country where the principle of “first to file” is applied. Only in exceptional cases can an unregistered trademark be protected. Trademark applications must be filed with the Gaza trademark registry.
It is not necessary to use a trademark to register it in Palestine.
Requirements when filing a trademark application in Palestine
An application for a trademark registration in Palestine must contain the following information: the mark to be registered, the request for registration of the mark in Palestine, information on the trademark representative, information about the applicant(s), list of goods goods and/or registration services, power of attorney if the trademark application in Palestine is filed by an intellectual property agent, priority document (if priority is required).
A trademark application may be filed with a simple copy of the power of attorney provided that the original is filed within two months of the filing date.
Examination, publication and objection to trademark applications in Palestine
Trademark applications in Palestine will undergo a formal due diligence process and check for distinctiveness from previously registered trademarks. This process will take about 1-2 months from the date of the first application. After successfully passing the due diligence process, the trademark application is published within 6 months in trademark gazettes, for the purpose of helping third parties interested in the mark who may object to the application. , if the mark under the application is identical or similar to their mark.
The deadline for filing an objection to a trademark application in Palestine is three months from the date the application is published.
The period from the end of the Objection Period until the enterprise is granted the Registration Certificate is from 2 to 3 months.
The total estimated time frame of the trademark registration process in Palestine is 18-24 months.
Term of validity and renewal of trademark
Trademarks in Palestine are valid for 7 years from the date of registration and can be renewed for a further 14-year period. Renewal requests will be filed with the Gaza trademark registry before the expiration date of the mark, or after a 1-month extension period with additional late renewal fees payable by the business.
The time frame from filing the trademark renewal application until the renewal certificate is issued is approximately 7 days.
Use requirements
Although trademarks do not need to be used in order to be registrable, registration of a trademark in Palestine can be canceled at the request of a third party if the mark is not used continuously for 3 years after its registration.
Represented by a trademark attorney
For foreign applicants, a trademark search in Palestine should be done through a law firm, a trademark registration attorney in Palestine.