شطب العلامة التجارية المسجلة في فلسطين : دراسة قانونية مقارنة

الملخص EN

This research tackles the issue of delisting the registered trademark from the trademarks book in accordance with the provisions of the Jordanian Trademark Law No.

33 of 1952 in force in the West Bank and the Palestinian Draft Law for the Protection of Industrial Property (of 2012).

Besides, the research will look at Paris Convention for the Protection of Industrial Property of 1883 & the Agreement On Trade-Related Aspects of Intellectual Property Rights (Trips) of 1994.

The delisting of a registered trademark is of particular importance considering the legal consequences.

As such the delisting itself may be terminate any right to its ‘owner’ and it will become free property so that others will be able to use it and or register it as their own.

There are different reasons behind trademark delisting, and there are many people who can request such delisting.

In addition, there are several parties who can decide that delisting.

A registered mark shall be delisted if, subsequent to its registration, it is found that it has lost any of the substantive or formal requirement that must be satisfied for the validity of such registration.

It can also be delisted based on a request from its owner.

When it comes to those who have the right to request cancellation of the registered trademark are either their owners or third parties with an interest in such delisting.

Worth noting that the registrar of the trade mark is the one who has the right to decide such delisting either on his own initiative, on the basis of the powers conferred on him by the law, or pursuant to a judicial ruling issued by the High Court of Justice.