English
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.