A registered trademark in Israel may be challenged after registration through procedures for rectification, deletion or cancellation of the registration. The applicable legal basis and filing deadline depend on the reason for the challenge.
For broader representation in cancellation, invalidity, non-use and other contentious trademark matters, see our Trademark Litigation in Israel practice page. For the pre-registration challenge procedure, see Trademark Opposition in Israel.
Two Main Routes for Challenging a Registered Trademark
Israeli trademark law distinguishes between challenges based on defects in the registration itself and cancellation based on non-use.
Sections 38 and 39 of the Trademarks Ordinance deal with rectification or deletion of entries in the register, including marks that should not have been registered. Section 41 provides a separate route for cancellation based on lack of bona fide intention to use or lack of bona fide use.
Deletion of a Trademark That Should Not Have Been Registered
A person injured by an entry that was made without sufficient cause, remains on the register unlawfully, or contains an error or defect may apply to the Registrar for rectification under Section 38.
Under Section 39, a request to delete a trademark because it was not eligible for registration under Sections 7 to 11, or because the registration creates unfair competition in relation to the applicant’s rights in Israel, must generally be filed within five years from the date the registration certificate was issued.
Bad-Faith Registration Can Be Challenged at Any Time
The five-year limitation does not apply where deletion is requested on the ground that the original trademark application was filed in bad faith. A bad-faith challenge under Section 39 may be filed at any time.
Trademark Cancellation for Non-Use
Section 41 allows an interested person to seek cancellation of a registered trademark for all or part of the covered goods where there was no bona fide intention to use the mark and no bona fide use, or where there was no bona fide use during the three years preceding the cancellation application.
This is an important distinction from the former wording often used in summaries of Israeli practice. The relevant statutory test is not simply whether three years have passed from the registration date; it focuses on bona fide use during the three-year period preceding the cancellation request.
What Counts as Use?
The question of use is fact-specific. The Ordinance expressly provides that advertising alone in Israel is generally not treated as bona fide use for this purpose, subject to special circumstances recognized by the Registrar or the court.
The Ordinance also recognizes use by a registered licensee, subject to the statutory conditions, and use of the registered mark in a form that differs only in particulars that do not alter its distinctive character.
Special Circumstances Excusing Non-Use
A registration will not be cancelled for non-use if the owner proves that the lack of use resulted from special circumstances in the trade rather than an intention not to use, or to abandon, the mark in relation to the relevant goods.
The availability of this defense depends on the facts and evidence of the particular case.
Who Can File a Cancellation or Deletion Request?
The standing requirement depends on the legal route. Section 38 refers to a person injured by the relevant entry in the register. Section 41 permits an interested person to apply for cancellation based on non-use.
The request may concern the entire registration or only particular goods or classes for which the statutory ground is established.
Procedure Before the Registrar
A challenge is commenced by filing a reasoned application identifying the legal grounds and the relief requested, together with the applicable official fee.
The registered owner is given an opportunity to respond. The proceeding may then involve affidavits, documentary evidence, cross-examination and an oral hearing, depending on the issues in dispute. The Registrar ultimately decides whether the registration should remain in force, be limited, be corrected or be cancelled.
Official Fee for Cancellation and Rectification
Under the Israel Patent Authority’s 2026 fee schedule, the official fee for filing a request under Sections 38 or 41 is NIS 959 per class concerned by the request.
Professional fees are separate and depend on the complexity of the grounds, evidence and hearing.
Appeal from the Registrar’s Decision
Decisions of the Registrar under the relevant rectification and non-use provisions are appealable to the District Court in accordance with the Trademarks Ordinance.
Israeli Counsel for Trademark Cancellation Proceedings
Drori Stav IP represents foreign trademark attorneys, IP firms, trademark owners and challengers in rectification, deletion and non-use cancellation proceedings. We can assess the available grounds, prepare the application or defense, manage evidence and hearings and report directly to instructing counsel.
Official Israeli Trademark Cancellation Resource
Current procedural information is available from the Israel Patent Authority’s official trademark cancellation and register-rectification service.
