Draft Trademark Law

01 Nov 2001

A high level source at the Ministry of Economy and Trade confirmed that the draft Trademark Law maintained article (24) of the present law, stipulating the competence of the Ministry to cancel the registration of trademarks as determined by the Boycott of Israel Office.

The same source further clarified that such trademarks are trademarks similar or identical to an Israeli trademark, insignia or symbol together with marks belonging to individuals against whom a boycott decision is issued.

Amendments to the Federal Trademark Law 27/1992 comprised 21 articles, the majority of which are non-basic technical amendments, the source added.

The example given was article (3) of the present law related to cases where a trademark is not registerable for reasons such as non-compliance to the general order or public morals. Others include flags and general insignia and other symbols belonging to the State, Arab or international organizations or establishments thereof, or belonging to other countries, unless otherwise authorized.
The amendment added to such article "National and foreign decorations, metal coins or currency notes and marks that are considered a translation of famous trademarks or trademarks previously registered.

The amendment of Article (19) maintaining the renewal of the protection period indefinitely, was limited to the publication of such renewal in the Ministry’s bulletin rather than publication in the Official Gazette. Yet the amendment noted that the "TRIPs" Agreement provides for protection for a period not exceeding 7 years though also renewable indefinitely.

In reference to the cancellation of a trademark due to non-use for 5 years, the amendment to article 22 provided the following: "Unless the owner of a trademark proves that non-use was due to reasons beyond his control".

The amendment considered restrictions imposed on import and other governmental restrictions on goods and services affecting a trademark as reasons beyond control.

The penalties imposed on illegal offering, use or counterfeiting of a trademark remain unchanged. The penalty is one year imprisonment and a fine not to exceed five thousand Dirhams or either of such penalties.

Similarly, the penalty of one year imprisonment and a fine of not less than five thousand Dirhams and not more than ten thousand Dirhams or either of such penalties for use of an unregisterable mark or providing indications to insinuate that a trademark is registered still remain unchanged.



IP Hall of Fame 2007

IP Hall of Fame 2007

Talal Abu-Ghazaleh became the first expert from the outside of the G8 to join the world’s most prominent figures in Intellectual Property as the names of 2007’s inductees into the IP Hall of Fame

More details

Intellectual Property Dictionary

Intellectual Property Dictionary

Intellectual Property Dictionary published by AGIP provides for the first time a comprehensive listing of English-Arabic translations and definitions of the IP terminology used in the Arab world.

More details