Kurdi & Co. Secures Landmark Trademark Victories in Palestine, Strengthening Intellectual Property Protection
Table of Contents
Introduction: A Milestone in Palestinian Trademark Law
Kurdi & Co. Law Firm has achieved two significant legal victories in Palestinian trademark law, successfully defending the rights of Hammoudeh Food Industries Co., a leading Jordanian enterprise, before the Palestinian Trademark Registrar. The cases, 2022/27 (Trademark No. 37108, Class 29) and 2022/26 (Trademark No. 37106, Class 32), centered on contested registrations of the “Hammoudeh” trademark in dairy products and non-alcoholic beverages.
The rulings reinforce Kurdi & Co.’s expertise in intellectual property (IP) law in Palestine, setting new legal benchmarks for businesses operating in Ramallah and the West Bank. By securing trademark ownership based on historical use and legal principles, the firm has strengthened its position as a leader in Palestinian trademark litigation and enforcement.
Trademark Disputes and Legal Strategy
The disputes arose when two Palestinian companies opposed the registration of the “Hammoudeh” trademark, claiming potential conflicts. Representing Hammoudeh Food Industries, Kurdi & Co. countered these challenges with a comprehensive legal strategy built on:
- Historical trademark usage
- Judicial precedents
- Proven commercial activity
By providing clear evidence of uninterrupted commercial use since 2007, including dated sales invoices, distributor agreements, and consumer affidavits, the firm demonstrated the brand’s longstanding market presence. Article 14 of the Palestinian Trademarks Law served as the legal foundation, reinforcing that actual and sustained commercial activity takes precedence over procedural registration.
Judicial Precedents and Cross-Border Recognition
A key element in Kurdi & Co.’s strategy was the firm’s emphasis on established trademark rights in Jordan. Hammoudeh Food Industries had already secured trademark protection in Jordan under Trademark No. 167949 (Class 29) and Trademark No. 167948 (Class 32), further supporting its claim to the brand’s exclusive use in Palestine.
Additionally, Palestinian Supreme Court rulings, including Decisions 2021/172 and 2021/177, reaffirmed Hammoudeh’s exclusive rights to the trademark. These decisions reinforced the principle of res judicata, barring the re-litigation of settled disputes and affirming that the Hammoudeh brand has been recognized through years of market presence.
Consumer Confusion and Class-Specific Protections
The opposing companies argued that their trademark registrations in unrelated categories, such as Class 35 (advertising), did not conflict with Hammoudeh’s trademarks in Class 29 (dairy products) and Class 32 (beverages). Kurdi & Co. successfully refuted this claim, citing Article 8/10 of the Palestinian Trademarks Law, which prohibits trademarks that could mislead or confuse consumers.
To strengthen its argument, the firm presented market surveys proving that Palestinian consumers exclusively associate the Hammoudeh brand with dairy and beverage products. The Registrar ruled that since the opposing companies’ trademarks did not share market overlap, their objections were without merit.
Implications for Trademark Protection in Palestine
These rulings establish critical legal precedents for businesses operating in Palestine, emphasizing three key principles:
- Active Commercial Use Takes Precedence Over Registration
Trademark rights depend on demonstrable market engagement, not just procedural registration. - Established Trademark Rights Strengthen Legal Claims
A history of commercial activity in Palestine and other jurisdictions supports trademark enforcement. - Class-Specific Protections Prevent Unauthorized Overreach
Trademark protections apply strictly within their registered commercial classes, ensuring fair competition.
For businesses in Ramallah and across Palestine, these decisions highlight the importance of proactive trademark strategies, particularly in highly competitive industries like food and beverages, where brand recognition is crucial.
Kurdi & Co.: Leading Experts in Palestinian Intellectual Property Law
With a deep understanding of Palestinian trademark law, Kurdi & Co. has built a reputation for expert legal counsel in intellectual property protection. By combining legal expertise with commercial insight, the firm ensures its clients are well-equipped to register, enforce, and defend their trademarks in a rapidly evolving market.
For companies seeking to protect their brand in Ramallah, the West Bank, or across Palestine, Kurdi & Co. offers unmatched legal expertise and strategic guidance.
Contact Kurdi & Co. for Trademark Protection
To learn more about trademark registration, litigation, or enforcement in Palestine, contact Kurdi & Co.
This Article was researched and written on Mar 10th, 2025 by Samer Kurdi.
