Israel, officially known as the State of Israel, is a country in Western Asia. Thus, in order to obtain trademark protection in Israel, businesses need to conduct a trademark registration in Israel.
About trademarks in Israel
A trademark can be registered under the Israeli Trademark Ordinance for any symbol used to identify the source of a product or service. Letters, digits, words, characters, or any other type of signal can be used as a trademark. A trademark can be text-only or might be combined with a design. Three-dimensional marks may also be permitted. In some situations, Israel accepts slogans as qualifying trademarks, particularly where the slogan was registered outside of Israel in the priority application.
Unregistered trademarks are also protected under Israeli law. The Israeli Trademark Ordinance allows the owner of a well-known trademark in Israel to prevent others from using it, even if the trademark is not registered in Israel. Unregistered marks may also be protected by the passing off and get-up torts, as long as the public is aware of their true source.
What can be registered as a trademark?
Trademarks that are fanciful, arbitrary, or distinctive, or that have acquired distinctiveness, are usually suitable for registration. Words, logos, letters, and numerals; sounds, colors, certain 3D shapes, trade dress; video segments, devices, and slogans can all be registered.
Currently, Israeli law prohibits the registration of odors and tastes as trademarks. Furthermore, marks that are generic, descriptive, or fall under any of the absolute and/or relative grounds specified in the Trade Marks Ordinance are not eligible for registration.
The mark, the goods/services claimed, priority claims (if applicable), the applicant’s name, address, and state or country of the representative (if one has been appointed), and the type of the mark (word/device/sound/Certification Mark/Collective mark), among other things, are all required to register a trademark. It will be limited to the mark’s colors. If a trademark application is filed in black and white, it is assumed to be registered in all colors.
Minimum filing requirements in Israel
Minimum filing requirements in Israel are:
- request to register a trademark in Israel;
- representation of a trademark;
- list of goods and/or services;
- name of the applicant;
- name and address for correspondence;
- the filing fee for at least one class of goods or services.
Note:
- The certified copy of the priority document can be provided after filing, however late filing must be completed within three months from filing a trademark application and will incur late filing fees. This term may be extended by paying additional fees. If the priority document is not in English or Arabic, the certified translation thereof is required.
- A third party may apply for cancellation of trademark registration in Israel on grounds of an uninterrupted period of 3 years of non-use by the trademark owner.
- It is recommended that foreigners pursue trademarks in Israel through an agent, a registered Israeli trademark attorney.
General produce for trademark registration
General produce for trademark registration in Israel is:
- Filing a trademark application.
- Examination of the application (usually 7 to 18 months).
- Publication of the application for opposition purposes (3 months).
- Registration of the mark (if no opposition is filed within the opposition period, or if the opposition has been dismissed).
Some notes for trademark registration in Israel
The time limit to file a response to the provisional refusal of an international registration in Israel is 3 months from the date the Office issues the refusal. It is possible to request an extension of the 3-month term. For filing the response, it is necessary to appoint a local representative. After submitting the response, there is an additional option to request a revision or file an appeal to the provisional refusal.
You can see a list of Israel IP firms here.