Trademarks Law in Palestine
Certainly! Here's a detailed overview of Trademark Law in Palestine:
Trademark Law in Palestine
Legal Framework
Trademark protection in Palestine is governed by:
Trademark Law No. 33 of 1952 (Jordanian law still applicable in the West Bank)
Trademark Law No. 19 of 1929 (British Mandate law still in force in the Gaza Strip)
The responsible authority is the Palestinian Ministry of National Economy – Trademark Office in Ramallah.
Palestine is not yet a member of the Madrid Protocol, so international registration through WIPO does not currently extend to Palestine.
Key Features
1. What Can Be Registered?
A trademark in Palestine may include:
Words, names, letters, numerals
Logos, devices, and symbols
Shapes and packaging
Colors and combinations (in certain cases)
Trademarks must be distinctive and not deceptive, scandalous, or contrary to public order or morality.
2. Types of Trademarks
Individual trademarks
Service marks
Collective marks and certification marks (limited in practice)
3. Registration Process
Application submitted to the Palestinian Trademark Office.
The process includes:
Formal examination
Substantive examination for distinctiveness and conflicts
If accepted, the mark is published in the Official Gazette.
Opposition period: 3 months from publication.
If no opposition, or if opposition is rejected, the mark is registered.
4. Duration and Renewal
Valid for 7 years from the filing date (under current law).
Renewable for successive 14-year periods.
Renewal must be filed before expiry or within a grace period (with a surcharge).
5. Rights Conferred
Exclusive right to use the trademark in the Palestinian territories (West Bank and Gaza).
Right to prevent unauthorized or confusingly similar use.
Right to assign or license the trademark.
6. Infringement and Enforcement
Civil remedies include:
Injunctions
Damages
Seizure or destruction of infringing goods
Criminal penalties may be available for counterfeiting.
Enforcement is handled by local courts and, in some cases, customs authorities.
7. International Treaties
Palestine is a member of:
WTO (observer)
TRIPS Agreement (de facto compliance through national reforms)
Not yet a member of WIPO's Madrid Protocol or the Paris Convention, so international protection must be sought through national filing.
Summary Table
| Feature | Description |
|---|---|
| Governing Laws | Trademark Laws of 1929 (Gaza) & 1952 (West Bank) |
| Registration Authority | Palestinian Trademark Office (Ministry of National Economy) |
| Protection Duration | 7 years, renewable for 14-year terms |
| International Systems | Not a member of Madrid or Paris Conventions |
| Enforcement | Civil/criminal courts, limited customs support |
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