Trademark Opposition in Israel

Trademark opposition proceedings in Israel
Art: Nick Youngson

After an Israeli trademark application is examined and accepted, the acceptance is published in the Trademarks Journal. Publication opens a statutory period during which a third party may oppose the proposed registration before the Registrar of Trademarks.

For the stages leading to publication, see our Trademark Registration Process in Israel guide. For broader representation in oppositions and other contentious trademark matters, see our Trademark Litigation in Israel practice page.

Deadline for Filing a Trademark Opposition in Israel

Under Section 24 of the Israeli Trademarks Ordinance, an opposition must be filed within three months from publication of the acceptance.

The opposition may concern the registration as a whole or, where appropriate, only particular goods or services covered by the application.

Who Can Oppose a Trademark Application?

Section 24 permits any person to file a notice of opposition. In practice, oppositions are commonly filed by owners of earlier trademarks, applicants for earlier marks, owners of well-known marks, businesses claiming prior rights in the sign, or other parties who contend that the application should not proceed to registration.

Grounds for Trademark Opposition

The Trademarks Ordinance identifies two broad bases for opposition: first, that there is a ground on which the Registrar is empowered to refuse the application; and second, that the opponent claims proprietorship of the mark.

Depending on the circumstances, an opposition may therefore raise issues such as likelihood of confusion with an earlier mark, rights in a well-known mark, lack of distinctive character, descriptiveness, misleading matter, bad-faith filing, or another statutory ground that makes the mark ineligible for registration.

The precise grounds should be stated in the notice of opposition because the proceeding is then conducted on the basis of the pleaded grounds, subject to the Registrar’s procedural powers.

How a Trademark Opposition Proceeding Works

The opponent begins by filing a reasoned notice of opposition and paying the applicable official fee. The Registrar then sends the opposition to the trademark applicant.

The applicant must file a counter-statement within the period prescribed by the applicable procedure. If the applicant does not respond, the application may be treated as abandoned.

Where the opposition proceeds, the parties file evidence, commonly by affidavit and supporting exhibits. Depending on the issues, the evidence may include materials concerning use, reputation, sales, advertising, market circumstances, consumer perception, ownership, adoption of the mark and the relationship between the parties.

If required, the Registrar may conduct an oral hearing and hear the parties and their witnesses. The Registrar then decides whether the application may proceed to registration and, if so, on what conditions.

Official Fee for Filing an Opposition

Under the Israel Patent Authority’s 2026 fee schedule, the official fee for filing an opposition under Section 24(a) is NIS 959 per class to which the opposition relates.

Professional costs are separate and depend on the scope of the pleadings, evidence, hearing and legal issues involved.

Appeal from a Trademark Opposition Decision

A decision of the Registrar in an opposition may be appealed to the District Court. Under the current text of the Trademarks Ordinance, the appeal period is 30 days from the Registrar’s decision.

Opposition vs. Cancellation After Registration

Opposition is a pre-registration proceeding. Once the opposition period has expired and the mark has been registered, a later challenge is generally brought through the mechanisms for rectification, deletion or cancellation of a registered mark.

For those post-registration procedures, see Trademark Cancellation in Israel.

Israeli Counsel for Trademark Oppositions

Drori Stav IP represents foreign trademark attorneys, IP firms, applicants and opponents in Israeli trademark opposition proceedings. We can review the pleaded grounds, prepare the notice of opposition or counter-statement, manage the evidentiary phase, appear before the Registrar and report directly to instructing foreign counsel.

Official Israeli Trademark Opposition Resource

Current procedural information is available from the Israel Patent Authority’s official trademark opposition service.

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