In order to file your trademark application in Israel we will require the following details:
• applicant’s full name, address, and ID no.
• The word mark that should be registered as the mark or the logo digital file (the mark is filed as a JPEG file).
• The specific class(es) in which registration is sought for in English (Nice Trademark Classification).
• Detailed list of your goods or services.
• Signed POA (please contact us to receive a blank copy. no need for legalization or notarization).
In case a priority is claimed, we will require need the details of the priority application. (certified translations can be required at a later stage).
Cost of trademark registration in Israel
The cost of trademark registration in Israel is based on several factors, namely the number of categories for which the goods/ services are included in the application. For a single category, the cost is 1654 NIS and the cost for each additional type of goods is 1,242 NIS (updated July 2022) additional official fees may apply e.g. 776 NIS for accelerated examination. The 2ns component of the cost is the professional fees paid to your Israeli attorney which will act as your representative. The cost of filing the trademark application ranges between 1,400 NIS and 3,500 NIS (excluding VAT). Any issuance of an Office Action (OA) by the Israeli examiner will incur additional cost as it will require additional work. Not every trademark application receives an OA, a significant portion of TM applications go through smoothly without ever receiving and OA.
What can be registered as a Trademark in Israel
Words, letters, numbers, symbols, images, a combination thereof, or any signal of a different form that is used by manufacturers or service providers to identify their respective goods and services to the consumers can be registered as trademarks in Israel.
A registration of a trademark confers upon its owner the exclusive right to use the mark in relation to the products/ services in the category it is registered in.
Trademarks registration also serves a purpose of protection for the public against deception regarding the origin of goods/services.
Under certain limitations and requirements, three dimensional marks can also be allowed for registration. Israeli trademark law also provides protection for unregistered trademarks as well, providing said trademark is well known in Israel.
Procedure of trademark registration in Israel
The registration of trademarks in Israel can be achieved either by filing a national trademark application with the ILPTO or by filing an international trademark application using the Madrid System that designates Israel.
After the filing of the trademark application, the application goes through a preliminary technical examination by the Israeli trademarks department and shortly thereafter, the substantial examination starts which will determine whether the mark is eligible to be registered as a trademark in Israel.
Once the substantial examination has been finished successfully and the mark has been approved, the application will be published for public oppositions for a period of 3 months. In case no oppositions are filed, the TM certificate of registration will be issued. After the issuance of the certificate, the trademark can be actively enforced against any 3rd party infringer.
How fast can you register a trademark in Israel?
Israeli trademark registration process is relatively fast. The entire process can take between 8 months to 15 months, depending on various factors and the number of office actions issued by the ILPTO. In case of urgency, the trademark examination can be accelerated by filing a motion for accelerated examination (with added cost). Accelerated examination will reduce the relevant time frame from the 8-15 months to 1-2 months.
The accelerated examination process is a great solution for applicants who have competitors in Israel that are trying to harm their reputation.
Trademark enforcement in Israel
Registered trademarks can be enforced in Israel. The most common way to start this process is by reaching an Israeli intellectual property attorney, such an attorney would provide further assistance, send a cease & desist letter, and if needed, file for an injunctive relief accompanied with a lawsuit to stop the infringement and claim for punitive damages.
Additionally, Osegal-Law IP law firm also provides an innovative trademark enforcement solution with a VERY efficient success rate designed to stop online trademark infringements worldwide. For further information, feel free to contact us here.
How do I check if there is a registered Israeli trademark which is similar to my mark?
For a quick and free independent check, you can click here to reach the Israeli government database of registered trademarks.
The free independent search of Israeli marks using the Israeli search engine you to locate marks in a number of ways:
• Based on the mark's number (national or international).
• Based on the word text in Hebrew or English (exact, initial, final, phonetic and all words).
• Based on customer name or customer number.
• Based on the mark submission date.
• Finding characters that include characters - Using the "character classification" engine.
Parallel Import legality in Israel
“Parallel import” is a term used in describing a situation wherein an importer who is not the brand's exclusive/ official, authorized importer, imports genuine products into a country, after purchasing the products from a dealer in another country, where the products price is lower and then sells them, inside the country without the authorization of the authorized authorized/ exclusive importer.
Usually, parallel importers offer the products at a lower price than the official importer, which often causes price reductions and price wars as a result.
Additionally, the parallel importer exploits the marketing efforts of the brand or the official importer (the official importer is often also the brand's official distributor in the country). In other words, the parallel importer rips the benefits of the hard work which was done by others while not investing himself in building the reputation of the products/ brand.
Nowadays, parallel import is very common, mostly in developed markets. On the consumer side this phenomenon is generally welcomed since it facilitates the purchase of genuine, prestigious goods at lower prices.
One of the fundamental principles in trademark laws in Israel is the doctrine of "exhaustion of rights”. According to the exhaustion of rights doctrine, a t registered trademark owner exhausts its rights following the first sale of his respective goods.
After the first sale of goods is made, the trademark owner can no longer control what is done with the original goods and as a result- can no longer claim that a trademark infringement is being made.
Sale of Genuine Articles is not an Infringement.
Furthermore, the sale of genuine products which are marked with the genuine trademark of the manufacturer does not create a trademark infringement.
However parallel import does not permit an all-out breach of trademark laws and principles.
In the case of Tommy Hilfiger vs. Suissa The Israeli supreme court mentioned three main conditions for application of this defense:
(i) The use of the trademark is necessary in order to identify the goods;
(ii) The use of the trademark does not extend beyond what is necessary for such identification purposes;
(iii) The particular manner of the use of the trademark by the parallel importer must not create the impression that this sale is endorsed by the manufacturer.
Particular consideration will be given to the reasonable expectation of the average consumer of the relevant type of goods, as to after sale services.
For types of products that have high consumer expectation for after sale service, e.g. an EV, the risk of creating an impression of endorsement would be greater.
On the other hand, for the types of products that have low consumer expectation for after sale services e.g. earphones, or clothing, would be unlikely to view use of the trademark as being suggestive of endorsement by the brand.
Our firm provides high end services of a variety of trademark related issues in Israel, including the following services:
Trademark Search
Trademark Registration
Examiner refusals' responses (response to Office Actions)
Trademark Litigation
Trademark Enforcement
Worldwide Online Trademark Enforcement
Trademark oppositions
Trademark Portfolio Management
For additional information, feel free to contact us here.
Or contact us now for a free initial consultation at no cost - +972-73-3745060
