ELIGIBILITY FOR TRADEMARK REGISTRATION IN ISREAL

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.