Trademarks
What are trademarks?
Trademarks are letters, numbers, words, figures, sounds or combinations of these, used by manufacturers or service providers to mark their goods or services, so that they are recognized by the consumer.
Trademark registration is regional and gives its owner a unique right to use the mark for goods and/or services for which it is registered in that region. The mark allows its owner to build a reputation for himself and differentiate himself from his competitors. In addition, the registration of the mark also serves the consumers and prevents deception.
Applications for registration of trademarks are submitted to a government authority in the region, and await examination according to the date of submission (currently the waiting time in Israel is 15-16 months). The Authority’s examiners check the suitability of applications for registration in accordance with laws and/or orders, regulations and work instructions.
The validity of a trademark depends on the area of registration. After this period it can be renewed for additional periods, subject to payment of an appropriate fee.
Examples of trademarks:
A word without any formatting (or variable formatting) – Google
Commercial symbol (logo) –
A combination of letters and a commercial symbol (logo)-
Along with the traditional trademarks there are special trademarks such as colors, three-dimensional marks, which constitute the shape of the product or its packaging, and even sounds and smells that will be approved for registration only in exceptional cases and under special conditions:
Darth Vader’s Breath as filed with the US Patent Office
Following Israel’s accession to the Madrid Protocol, the Israeli applicant can submit an application for the registration of an international mark, based on a registered mark or an application for the registration of a trademark in Israel, in more than 100 countries or regions of the world.
The international registration through the “Madrid System” is managed by the World Intellectual Property Organization WIPO and may simplify the registration procedure and significantly save costs, but one must be careful of the refusal of registration in some area.
Many countries, such as Israel, do not require trademark registration. But the registration strengthens the status of the mark and increases the chances of winning a trial for infringement or disputes over who owns the mark.
Failure to use the mark for a long time may lead to its cancellation.
About trademarks in IL
Some highlights in filing Israeli trademarks
Applications await examination according to their filing dates. As of today the waiting period is 12-15 months after the filing. Trademark examiners check the legitimacy of the application with accordance to the Trade Marks Ordinance [New Version] 5732-1972; the Trademark Regulation 1940 as well as with official work guidelines.
Trademarks and service-marks are initially registered for a 10 year period and must be renewed on or about the 10-year anniversary of the trademark registration.
Trademarks which consist solely of colors or sounds are only registered in special cases (usually well-known marks).
Due to the joining of Israel to the Madrid protocol, an Israeli applicant may submit a single trademark application, which can automatically apply in over 90 countries around the world. The international application is based on a national application or on a national registration.
An opposition to grant of a trademark may be filed up to three months after the decision to grant the trademark, and a request to cancel the registration may be filed thereafter. One of the grounds to cancel the registration may be lack of commercial use for over three years preceding the request.