An-Najah University Journal for Research - B (Humanities)


Trademarks are an important element of the industrial property and have an important value for the facility using it as it is a mean to refer to the products, services, and goods by which the consumers are attracted. The national legislation have focused on regulating its provisions including procedures related to registration with the competent authority whether through the development of registration standards or clarifying the requirements for submitting the registration application, the people who are entitled to register a trademark, and the role of trademarks registrar in the receipt and examination of the registration application and in practicing the registrar’s administrative and judicial duties. Every business owner is entitled to object the registration with the Registration Authority. The owner also has the right to appeal the registrar’s decision before the competent court. This research aims at dealing with the position of the legislation in force in Palestine in terms of aspects relating to registration, with a comparison to the Egyptian and French laws and with a reference to the position of the judiciary in Palestine as well as the position of the judiciary in countries of comparison.