Instructions for Registration of Trade or Service Marks in Israel
1. The registration of trademarks and service marks is governed by the Trade Marks Ordinance (New Version), 5732-1972, the Trade Marks Rules, 1940, as amended.
2. Israel is a member of the Paris Convention for the Protection of Industrial Property, the Madrid Arrangement for the Prevention of False Indications of Origin, of the Arrangement of Nice for the International Classification of Goods and Services, the Arrangement of Lisbon for the Protection of Appellations of Origin, all as revised at Stockholm in 1967 and of the Madrid Protocol to the International Registration of Trademarks.
3. Any person claiming to be the proprietor of a Trade or Service Mark used or proposed to be used by him in Israel, may apply for the registration of the mark in Israel.
4. Application may be made by the owner of the mark or by an agent acting in the name of, and on behalf, of the owner. The agent must be a patent attorney or lawyer having a place of business in Israel and must be duly authorized in writing by the owner of the mark to act on the owner’s behalf.
Since applicants residing outside of Israel have to furnish an address for service in Israel, it is advisable for them to file their application through a local patent attorney or lawyer. A list of patent attorneys is attached hereto.
5. An application for registration of a Trade or Service Mark must be made on the prescribed form in which a representation of the mark must be appended.
A trade or service mark must be registered in respect of particular goods or services. Every application for the registration of a mark must specify goods or services. Each application for the registration of a mark must specify goods or services falling all of which must appear within a singular class as such classes are defined by the Arrangement of Nice for the International Classification of Goods and Services.
A separate application is required to be filed for goods or services in each class in which a mark is to be registered.
6. The fee due in connection with an application for the registration of a trade or service mark is as specified in the schedule to the Trademarks Regulations.
7. The application is examined as to distinctiveness of the proposed trade or service mark and as to whether it is precluded from registration by one of the specific provisions stated in the Ordinance (prior registration of same or similar marks, etc.).
8.` If the mark is considered to be acceptable for registration, details of the application are published in the Trademarks Journal. Any person who desires to oppose the registration may give written notice of his intention to do so, during a period of three months from the date of publication. The notice must state the grounds for the opposition and the opponent’s address for service in Israel, Subsequent procedures regarding the filing of applicant’s counterstatement, opponent's and applicant’s evidence and opponent’s evidence in reply, are regulated by Sections 37 to 40 of the Trade Marks Rules. On completion of the evidence, the Commissioner will invite the parties to a hearing on their claims.
9. If there is no opposition, the mark is registered for an initial period of ten (10) years and a Certificate of Registration is issued to the registered proprietor. After ten years the mark may be renewed for periods of fourteen (14) years each.
10. Before filing an application for registration of a trade or service mark, a search can be initiated in the Registrar database in three different ways:
a: File search application in writing, according to section 78, which will be
handled by the Registrar examiners.
The original receipt that proves that the fixed fee as specified in the first schedule to the Trademarks Regulations was paid for each class should be attached to the application.
B: Conduct a search (without payment) at the Registrar database, using the Ministry of Justice web site : WW.JUSTICE.GOV.IL. , Select unit Patent Office, and look it up in the Trademark searchable Database.
11. There is no obligation to prove registration of the trade or service mark in the country of origin, unless the benefit of the provision corresponding to Article 6 quinquies of the Paris is requested.
12. Under the terms of the Paris Convention, a person who has made an application to register a trade or service mark in a country which is a party to the Convention has a right to claim priority of date for the application in Israel in respect of the same mark to be registered for the same goods. An application claiming such priority must be made within six (6) months from the date of the first application in a Convention country.
The Trade Marks Ordinance as now in force also provides for the registration of collective marks and certification marks.
In special cases there is a possibility for fast examination. The applicant has to prove the need for fast procedure, and to pay the fixed fee.
Fees must be paid by deposit, in New Israel shekels, into the Patent Office post office account (No. 0-24145-2), using a deposit slip, which may be obtained from the Patent Office, or using the service of the Government paying server http://ecom.gov.il/Patents/homepage_he.aspx
A copy of the receipt of payment must be sent to the Patent Office while filling or sending new application, other requests or request for renewal.
Office address is: Trdemarks Office
1 Agudat Sport Hapoel St.
Technological Garden, bld. 5
Jerusalem, 96951
Phone: 972 2 5651627 Fax: 972 2 6467026