Palestine consists of two parts, the Gaza Strip and the West Bank, and trademark registration applications must be submitted separately in these two regions. The trademark protection in Gaza is currently based on the Palestinian Trademark and Patent Law promulgated in 1938. Trademark exclusive rights need to be obtained through registration, but trademark rights can also be obtained through extensive use. Palestine has not signed any international treaties, so trademark protection in Gaza can only be handled through "single country registration".
The Gaza Strip is located near the Egyptian border and the Mediterranean Sea, covering an area of approximately 365 square kilometers. As of 2021, the total population is about 2.1 million, mainly consisting of Palestinians and other Arabs. In 1967, Israel occupied the Gaza Strip. In 2005, the Israeli army unilaterally withdrew from the Gaza Strip. In 2007, the Islamic Resistance Movement defeated the Palestinian National Authority forces and gained complete control of the Gaza Strip. On October 12, 2017, the Palestinian National Liberation Movement and the Palestinian Islamic Resistance Movement signed a reconciliation agreement in Cairo, Egypt, with Fatah taking over the Gaza Strip controlled by Hamas.
At present, the official classification of goods and services in Gaza adopts the 8th edition of the Nice Classification, and does not accept applications for multiple categories in one form. The elements that can be registered as trademarks in Gaza include: text, name, graphics, numbers, color combinations, etc.
If the applicant does not reside in Gaza, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product items;
3. Name and address of the applicant;
4. Power of attorney.
5.The main process for applying for trademark registration in Gaza is as follows:; Application, acceptance, review, announcement, approval, and issuance.
After the application is submitted, the official first conducts a formal review, mainly examining whether the application requirements and classification information comply with regulations. Generally, it takes about 2 weeks to complete the acceptance. After acceptance, substantive examination of the trademark will be conducted, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination is passed, it will be announced; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice.
The objection period is within 3 months from the date of announcement. Any interested party or prior right holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued after the objection period ends. In a smooth situation, trademark registration in Gaza will take about 2 years; If things don't go smoothly and there are rejections or objections along the way, the time will be greatly extended.
The trademark registration in Gaza is valid for 7 years from the date of application, with no clear renewal period (it is recommended to apply for renewal 6 months in advance). The grace period is 1 month, and the renewal period is 14 years. Anyone who does not use it continuously for 2 years after registration can apply for revocation on the grounds of "continuous non use".