In order to obtain trademark protection in Israel, a trademark application has to be filed with the Patent, Trademark and Design Office and undergo an examination procedure during which the trademark application is evaluated for its fulfillment of all prerequisites for trademark protection.
In this article we will present the trademark registration process in Israel.
File an application
To obtain registration on a trademark, an applicant must first file an application (along with the applications’ filing fee). The application must comply with the registration conditions, as stated in the Trademark Ordinance. The applications need to be filed in classes according to the Israeli and International Category list (based on the Nice Classification).An applicant needn’t provide any proof of actual use in order to file an application and obtain a registration.Lastly, it is possible to claim priority for a trademark under the Paris Agreement.
Examination and Expedited Examination
A trademark application will be examined roughly within 12 months from its filing date. It is also possible to request an expedited examination process, subject to filing an affidavit explaining the grounds for such rushed examination, along with its fee. The Israeli Trademark Office may grant the expedited examination at his discretion.
Examination and Office Objections
During the examination process, the Trademark Office may raise any objections it may have (“Office actions”) and the applicant’s may request to present his reply arguments in front of the registrar .In case the registrar finds, based on search and examination, that the trademark’s application is to be denied, amended or otherwise changed, the applicant will first receive a written objection. The applicant will then have three months to reply to the registrar’s objection. In case the registrar has further denied the applicant’s response, the applicant will be able to request a judicial hearing, as stated in the Ordinance . An appeal on the Registrar’s decision may be filed to the District Courts. Acceptance and Publication
Once the examination process is complete, and the trademark has been found to be fit for registration, the Trademark Office will accept the application and publish it in the Trademark Gazette, in its upcoming monthly issue, as well as on its website. This begins the opposition stage as described below.
The opposition period
Registration of the trademark becomes valid if no opposition has been filed against the application during the three-month period after publication, or if any opposition proceedings initiated against the application have been denied by the registrar or settled. “41. (a) Without prejudice to the generality of the provisions of Sections 38 to 40, any interested person wishing to do so may submit an application before cancellation of the registration of a trademark in respect of which the goods or classes of the goods or some of them for which the mark was registered (hereinafter – the goods in respect of which cancellation of the registration is requested), on the ground that there was no bona fide intention to use the trademark in connection with the goods in respect of which cancellation of the registration is requested and that there has in fact been no bona fide use of the trademark in connection with those goods in respect of which the application for cancellation is requested or there has been no such use as aforesaid during the 3 years preceding the application for cancellation.”
