English
The average time frame for the registration approval is 18 months, if no objections or oppositions arise.
Israel is the territorial limit of registration.
A power of attorney is one of the application requirements.
Use may demonstrate acquired distinctiveness and help to overcome an objection to an application to register the trademark on the grounds of non-distinctiveness.
Attack on the ground of non-use is available.
- words
- names
- devices
- certain three-dimensional shapes
- colours
- slogans
- sounds
- smells (olfactory trademarks)
- trade dress/get-up
- holograms
- collective marks
- certification marks
- well-known marks
- service marks
The order of the application process is as follows:
-
Examination – the application is examined in respect to:
- Formalities
- Classification
- Clarity
- Descriptiveness
- Distinctiveness
- Deceptiveness
- Conflict with prior registration
-
Publication – the following application details are made accessible to the public:
- Mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- application number
- application date
- goods/services
- priority claim information
- representation of trademark
- Registration – once the application has passed the first and second phases, the trademark office will then grant the registration certificate.
- marks contrary to moral standards or public order
- generic terms
- names, flags or symbols of states, nations, regions, or of international organizations
- non-distinctive marks
- marks that function principally as surnames
- marks that function principally as geographic location names
The Nice Classification System is effective in Israel.
The European Union Trade Mark registration (formerly a Community Trade Mark registration) is not effective in Israel.
- If an applicant's home country is a member of the Paris Convention
- The home application was filed within six months prior to the application in this jurisdiction
- An International Registration can be based on a national application or registration in Israel
The trademark must be used within three years prior to the motion to revoke.
The amount of use can be minimal and must occur in Israel.
The initial term of a registration is 10 years.
The first renewal date of a registration is 10 years from the application filing date.
Yes. Unregistered marks are legally allowed to be use for any goods or services.
The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in Israel.
If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).
In this case, proceeding with two trademark applications has the following advantages:
- Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
- You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
- Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.
If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.
Registration is not necessary to obtain ownership rights to a trademark. Prior use is enough to establish right to a trademark. The "first to use" rule is effective in this jurisdiction.
The national office is accessible online at the following URL:
http://www.trademarks.justice.gov.il/TradeMarksWebSiteUI/TrademarksSearch/TrademarksSearch.aspx.
Neither actual use nor intent to use is required for application.
The following can be grounds for opposition:
- proprietary rights
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- the mark is functional
- protection of armorial bearings, flags and other State emblems
- registration in the name of the agent or other representative of the proprietor of the mark
- rights in trade names
- registered design rights
- rights in a personal name
- the mark is generic
- the mark consists of a geographical indication
- the mark is against public policy or principles of morality
Anyone may oppose an application.
The following can be grounds for cancellation:
- proprietary rights
- the mark is descriptive
- the mark is not distinctive
- the mark is misleading, deceptive or disparaging
- the mark is functional
- breach of copyright
- rights of notorious or well-known marks
- rights of protected armorial bearings, flags and other State emblems
- registration in the name of the agent or other representative of the proprietor of the mark
- rights in trade names
- registered design rights
- rights in a personal name
- the mark is generic
- the mark consists of a geographical indication
- the mark is against public policy or principles of morality
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to oppose subsequent conflicting
- the right to bring a cancellation action against a subsequent conflicting registration
- the right to sue for infringement against confusingly similar third-party trademark use
- the right to license other third parties to use the trademark
- the right to apply for seizure by customs authorities for importation of counterfeit goods
- the right to obtain damages for infringement
The opposition period begins on the date of publication in the Official Gazette. It ends three months following publication in the Official Gazette.
This jurisdiction is a member of both the Madrid Protocol and the Madrid Agreement.
Periodic statements are not required.
Subsequent renewals last 10 years from the renewal date of the registration.
The first renewal date of a registration is 10 years from the application filing date.
There is no documentation required for the renewal of trademarks.
The grace period after the renewal date has expired is 6 months.