Regarding intellectual property, the West Bank and Gaza Strip, which are part of the Palestinian Territories, are subject to independent legal systems. In the Gaza Strip, the 1938 Palestinian trademark and patent rules are followed, while in the West Bank, the Jordanian laws are followed. Both laws have a lot in common. We advise submitting applications in both jurisdictions in order to receive complete protection in the Palestinian Territories. Palestine complies with the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement despite not being a member of any international agreements. For each kind of products and/or services in each jurisdiction, a new application must be submitted.

A trademark application is evaluated for registrability once it has been submitted. Applications for trademarks that the Registrar has approved are published in the Official Gazette. Any interested party has three months to submit opposition in writing. Within three months of the date of publication, a trademark registration opposition should be brought before the Registrar. If the opposition case is not resolved before the Registrar, or if one or both parties appeals the Registrar's judgment, it is referred to the High Court of Justice. A certificate of registration will be granted if there is no opposition or if the opposition application is denied.

A trademark registration is valid for 7 years after the application filing date and is renewed for additional 14-year periods. Under the terms of a lateness fine, the trademark law allows for a one-month grace period for late renewal of a trademark. As long as the Registrar has not issued a directive ordering the removal of the trademark registration from the register of trademarks, a trademark registration may be renewed at any time following the expiration of the applicable registration.

Once a trademark is registered, the assignment can be documented. In fact, the assignment will not be effective in the eyes of third parties unless it has been recorded against the trademark in the register and published in the Official Gazette. It is important to highlight that the goodwill of the firm should be assigned simultaneously with the trademark. The limiting of the items covered by a registration, an update to a trademark, or changes to a registrant's name or address can all be recorded.

It is not necessary to use trademarks to file applications or to keep active trademark registrations. A trademark registration is however subject to cancellation by any interested party who can prove that the trademark was not legitimately used on the items for which the registration was made during the two years prior to the application for cancellation. Offenses punishable by law include the unauthorized use of a trademark registered under the law or an imitation of such a trademark applied to goods in the same class, the sale, storage for the purpose of sale, or exhibition for sale of goods bearing a counterfeit mark, or the use of a mark legitimately registered under the law by another person to promote goods in the same class without authorization.

As a "first to file" jurisdiction, Palestine requires trademark registration before granting rights to a mark. An unregistered trademark can only be protected in some rare circumstances. A trademark does not have to be in use in Palestine in order to be registered.

When a mixed trademark (one that has both verbal and figurative features) is registered in Palestine, the owner only has the exclusive right to use the mark in the precise manner or combination for which it was submitted and registered. It is advised that you file for a different trademark that only includes the word or figurative features you intend to use and protect separately. This is true if you wish to use the word element of your trademark separately from the logo (or vice versa).

However, you will have the right to oppose the application on the grounds of confusing similarity if a third party subsequently wants to register or use a trademark for comparable goods or services that includes a primary or separate component or portion of your trademark. Within three (3) months of a trademark application's publication in the trademark gazette, third parties may launch opposition actions against it. Depending on the specifics of each situation, many conditions will affect the odds of an opposition's success.

Even though a trademark need not be in use to register, it must not be unused for more than three years to avoid being subject to revocation claims based on insufficient use of the brand. In some cases, the absence of use may be justified. In Palestine, registered trademarks are valid for seven (7) years after the application date and may be extended indefinitely for additional fourteen (14) year periods. If the renewal request is not made prior to the expiration date, there is a grace period of one (1) month from the day the register issues a notification that the trademark has expired during which the trademark may still be renewed with the payment of a late renewal charge.

The trademark must be written in the Latin alphabet, and only other Latin-written trademarks will be taken into consideration for trademark search reports. Please get in touch with us if you want a trademark search that contains results for trademarks in the local alphabet (Arabic) and is written in the local writing system (Arabic). Additional charges will be made. Contact us personally to find out whether we might be able to provide this in Palestine if you'd like the figurative or design components of your trademark taken into account when evaluating it for registration (Trademark Search Report). Prices for services and anticipated delivery times may change in such circumstances.

charges

• Prices for searches First class: $110.00; subsequent classes: $100.00

There is no way to look up a trademark's figurative components (logo). Only the linguistic components of the trademark will be searched for.

• Cost of applications First class is $1,900.00; each subsequent class costs $1,900.00.

After the trademark is approved, the remaining registration fee is due: First class costs $900; each subsequent class costs $900.

Procedure

Use of the business name Search

• The first stage in obtaining a trademark is to look for companies or individuals who may already be using the trade or service mark that you want to register. The United States Patent and Trademark Office's databases are searched for business name usage (USPTO). A USPTO trademark search was conducted. You should also use a search engine to conduct your search (we recommend DuckDuckGo).
• For the search, use the words and visuals associated with your company name, logo, tagline, or audio clip. The Trademark Electronic Search System, or TESS, of the USPTO is where searches are conducted. TESS is available here. If the company does business with other nations, you should also look into the global database. The World Intellectual Property Office's (WIPO) Global Brand Database is used for research on a global scale (GBD).
• Make sure that your company name, logo, slogan, or audio clip is not currently in use before submitting an application to register it. Continue to the following step if your company's name, symbol, tagline, or audio clip are not already in use. Consider changing your company name, logo, tagline, or audio clip if any of those things are currently in use. In the alternative, speak with a lawyer to see whether there is still a chance to register the mark if the present use is not confusing.

Prepare trademark registration application ready

• Getting ready for online filing is the second phase in the trademark application process. It will save you time and possible office actions from the USPTO that might call for a response to fix the application if you prepare before you file. Make sure you have a downloadable electronic copy of any photographs you intend to register.
• Before filing, create solid, succinct descriptions for your logos and audio clips. You will need correct, succinct textual descriptions for logo registrations and audio clip registrations when completing the online application in this phase.
• Make sure you have the owner of the mark's (company or individual) complete contact information. Make sure you are registered for the classes (business usage) you intend to attend.
• Use the USPTO's ID Manual to investigate the right class if you are unsure about which one or classes to use. Use ID Manual to conduct research by looking up the good or service that the company name, symbol, tagline, or audio clip is associated with. There is a cost for each class, though you can choose and register for many classes.
• The final phase of preparation is to make sure you have an electronic copy of your proof of use in commerce after you have decided which class(es) to use. A printout of your website or images of signs, cars, buildings, menus, handouts, books, etc. might serve as proof that you have used the company name, logo, slogan, or audio clip in commerce.
• Make sure you can prove you've used the company name, logo, slogan, or audio clip in transactions (to do business).

Application for Trademark Registration should be submitted

• Making the registration application and paying the USPTO filing fee is the third stage in the process of obtaining a trademark. Applications are made online through the USPTO's Trademark Electronic Application System, or TEAS, to protect the mark in the country. TEAS is available here. Enter the data gathered in step 2 and add the electronic files where the application asks for them to be uploaded.
• Once the application is fully completed, verify the information and spelling one more time before submitting. Each application must be accompanied by a fee for each class requested after it has been submitted. Pay the filing fee to the USPTO. The USPTO will email you a receipt after your submission. The reference numbers needed to search up the application online will be on the receipt.
• It is common that the updated application may not be accessible online for a few days.
• Registration of International Trademarks A mark may be registered globally at WIPO after being registered in the United States. WIPO manages the Madrid Application Assistant (MAA) for the registration of international trademarks. You can get to MAA from here.

React to communications from the USPTO and office actions

• Responding to any correspondence from the USPTO is the last and fourth step in the trademark application process. You will receive notification from the USPTO that they will or have registered your mark if everything is submitted correctly, which means that the mark is distinctive and is used in commerce to identify your business and if everything checks up in the application. You are good to go as long as you keep up with the maintenance and payment notices.
• If something goes wrong and further action is necessary, Carson Patents advises getting in touch with a trademark or intellectual property lawyer to make sure your reaction is thorough and appropriate. However, the letters from the examining attorneys usually make it very clear how you should respond and continue to seek and obtain registration for your mark(s).