Trademarks Law in Israel
Here’s a detailed overview of trademark law in Israel:
🇮🇱 Trademark Law in Israel
🔹 Governing Law
Trademark protection in Israel is governed primarily by the Trademarks Ordinance [New Version], 5732-1972.
The law is administered by the Israel Patent Office (ILPO), under the Ministry of Justice.
Israel is a member of several important international IP treaties, including:
The Paris Convention
The Madrid Protocol (joined in 2013)
The TRIPS Agreement (as a member of the WTO)
🔹 What Can Be Registered?
A trademark is any sign capable of distinguishing the goods or services of one enterprise from another, including:
Words, names, letters, numerals
Logos, designs, shapes, colors
Sounds and holograms (if graphically representable)
Collective marks and certification marks
🔹 Registration Process
Application Filing: File with the Israel Patent Office including representation and list of goods/services.
Formal Examination: For completeness and compliance.
Substantive Examination: Checking for conflicts with earlier marks or prohibitions.
Publication: The application is published in the Official Gazette, allowing a 60-day opposition period.
Registration: If no opposition or if opposition is overcome, the mark is registered and a certificate is issued.
🔹 Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
Can be renewed indefinitely in 10-year increments upon payment of fees.
🔹 Use Requirement and Cancellation
A registered trademark may be vulnerable to cancellation if it has not been used genuinely in Israel for 3 consecutive years.
Cancellation can be requested by a third party.
🔹 Rights Granted
Exclusive right to use the trademark on the registered goods/services.
Right to prevent unauthorized use, imitation, or counterfeiting.
Right to license, assign, or transfer the trademark.
🔹 Enforcement
Trademark owners may enforce their rights through:
Civil courts for injunctions, damages, and destruction of infringing goods.
Criminal prosecution for counterfeit or fraudulent use, with penalties including fines and imprisonment.
Administrative enforcement by Israel Customs Authority to prevent import/export of counterfeit goods.
🔹 International Treaties
| Treaty | Status |
|---|---|
| Paris Convention | Member |
| Madrid Protocol | Member (2013) |
| TRIPS (WTO) | Member |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Trademarks Ordinance 5732-1972 |
| Authority | Israel Patent Office (ILPO) |
| Duration | 10 years, renewable |
| Registration | Required for protection |
| Use requirement | 3 years’ non-use = cancellation possible |
| Enforcement | Civil, criminal, customs |
| International treaties | Paris, Madrid, TRIPS |
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