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Registration of Trade or Service Marks in Israel

Israel's tariff/tax information, certification, tariff, documentation requirement, etc.

Registration of Trade or Service Marks in Israel

Postby bridgat » Tue Nov 18, 2008 7:45 am

A trademark is a mark used or intended for use by a person in relation to
goods or services he or she manufactures or distributes. Letters, numerals,
words, devices or other signs, or combinations thereof, whether two-dimensional
or three-dimensional, may serve as trademarks.

Registering a trademark in Israel within 6 months from the date of
registration in the U.S. will provide retroactive legal protection to the
trademark in Israel from the date it was registered in the U.S.

Since applicants residing outside of Israel have to furnish an address for
service in Israel, many companies choose to file their application through a
local patent attorney or lawyer. A list of registered trademark attorneys in
Israel is available from the U.S. Commercial Service in Tel Aviv.

Instructions for Registration of Trade or Service Marks in Israel:

1. The registration of trademarks and service marks is governed by the
Trademarks Ordinance (New Version), 5732-1972, the Trademarks Rules, 1940, as
amended. The Ministry of Justice, Division of Trademarks, handles trademark
registration in Israel.

2. Israel is a member of the Paris Convention for the Protection of
Industrial Property, the Madrid Arrangement for the Prevention of False
Indications of Origin, of the Arrangement of Nice for the International
Classification of Goods and Services and the Arrangement of Lisbon for the
Protection of Appellations of Origin, all as revised at Stockholm in 1967.

3. Any person claiming to be the proprietor of a Trade or Service Mark
used or proposed to be used by him in Israel may apply for the registration of
the mark in Israel.

4. Application may be made by the owner of the mark or by an agent
acting in the name of, and on behalf of, the owner. The agent must be a patent
attorney or lawyer having a place of business in Israel and must be duly
authorized in writing by the owner of the mark to act on the owner’s behalf.

5. An application for registration of a Trade or Service Mark must be
made on the prescribed form in which a representation of the mark must be
appended. Two additional representations of the mark should accompany every
application unless the mark is a word written in plain block letters.

A trade or service mark must be registered in respect of particular
goods or services. Every application for the registration of a mark must
specify goods or services. Each application for the registration of a mark must
specify goods or services all of which must appear within a single class as
such classes are defined by the Arrangement of Nice for the International
Classification of Goods and Services. A separate application is required for
goods or services in each class in which a mark is to be registered.

6. The fee due in connection with an application for the registration
of a trade or service mark in one class is enclosed.

7. The application is examined by the distinctiveness of the proposed
trade or service mark and whether it is precluded from registration by one of
the specific provisions contained in the Ordinance (prior registration of same
or similar marks, etc.).

8. If the mark is considered to be acceptable for registration, details
of the application are published in the Trademarks Journal. During a period of
three months from the date of publication any person who desires to oppose the
registration may give written notice of his intention to do so.

The notice must state the grounds for the opposition and the
opponent’s address for service in Israel, Subsequent procedures regarding the
filing of applicant’s counter statement, opponent's and applicant’s evidence
and opponent’s evidence in reply, are regulated by Sections 37 to 40 of the
Trademarks Rules. On completion of the evidence, the Registrar will invite the
parties to a hearing on their claims.

9. If there is no opposition, the mark is entered in the Register for an
initial period of seven (7) years and a Certificate of Registration is issued
to the registered proprietor. After seven years the mark may be renewed for
periods of fourteen (14) years each.

10. Before filing an application for registration of a trade or service
mark, a search can be initiated in the Registrar database in three different
ways:

A: File search application in writing, according to section 78, which will be
handled by the Registrar examiners. Attached to the application will be the
original receipt that proves that the fixed fee of the amount was paid for each
class.

B: Conduct a search (without payment) at the Registrar office, in the
alphabetic database, which is open to the public.

C: Conduct a search (without payment) at the Registrar database, which can be
found at the Ministry of Justice web site: WWW.JUSTICE.GOV.IL.

11. There is no obligation to prove registration of the trade or service
mark in the country of origin unless the benefit of the provision corresponding
to Article 6 of the Paris Convention is requested.

12. Under the terms of the Paris Convention, a person who has made an
application to register a trade or service mark in a country which is a party
to the Convention has a right to claim priority of date for the application in
Israel in respect of the same mark to be registered for the same goods. An
application claiming such priority must be made within six (6) months from the
date of the first application in a Convention country.

13. The TradeMarks Ordinance as now in force also provides for the
registration of collective marks and certification marks.
For more information on this topic please contact the U.S. Department of Commerce's Commercial Service section at the
U.S. Embassy in Tel Aviv: E-mail: ytorres@mail.doc.gov. Tel: 972-3-519 7611,
Fax: 972-3-510 7215.
bridgat
 
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