Most people know about trademark. The terms NIKE, GOODYEAR, and COCA-COLA
as trademarks. Technically, a trademark is a word, symbol, or name adopted and
used by a company to identify its goods or services. It is also use to
distinguish its goods or services from the products and services of others. In
practice, trademarks are symbols of the goodwill, identity and reputation of
the source of a product or service. These are used by consumers to make
purchasing decisions. When consumers see familiar brands1 like TIDE for
detergent or MCDONALDS for hamburgers they make assumptions about the products
that they are buying.
TRADEMARKS IN ISREAL
In Israel, trademark registration takes place through
the official registrar trademark Israel.
The applicant must define the products and services that will be offered under
this trademark after choosing the desired trademark. We recommend undertaking a
thorough trademark search abroad if the product is destined for the international
market. The applicant can file a number of applications for different products
or services.
ELIGIBILITY FOR
TRADEMARK REGISTRATION
If it is inherently distinctive, a mark is eligible
for registration only. For all types of trademarks, words without meaning are
eligible for registration, for example: Exxon. All trademarks are not equally
protectable. If you use the trademark, ownership of a trademark can only be
sustained. You should know some eligibility about trademarks in Israel that may be particularly important to know if
you use a name or symbol to identify your company in the marketplace.
1. Words with established that means will be
registered as marks for goods that aren't connected to its original that means.
As an example, registration of the word “pasta” for a pump.
2. Lack of distinctive character, descriptive words of
praise isn't eligible for registration. For example: “super.”
3. Geographical or a family name which words have
normal meaning are not eligible for registration
Basically, a mark that conflicts with a registered
mark associated or an application to register an identical mark isn't eligible
for Trademark Israel registration.
WELL KNOWN & FAMOUS
TRADEMARKS
The Israel Trademark Ordinance defines that a person
who is a citizen or a permanent resident of a state can own a well-known mark.
Also he/she is in possession of an active business, even if the mark is not
registered in Israel or is not in use in Israel.
For trademark registration applications in Israel, the
trademark registrar takes into thought, inter alia, the extent to that the mark
is recognized among the general public.
