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Trademark registration in Israel

Israel is located at a crossroads between Europe, Asia and Africa, facilitating international trade. Israel has also forged diplomatic and trade relations with many countries around the world. Israel is in advanced science and technology. Israel invests heavily in research and development (R&D), ranking first in the world in terms of the share of GDP spent on R&D. Israel also has many prestigious universities and research institutes, contributing to the development of high-tech industries such as information technology,  biomedical, defense, renewable energy. The domestic market in Israel is extremely dynamic, the Israeli economy has a high level of consumption, creating a potential domestic market for new products and services. In order to attract capital from foreign investors, the Israeli government always creates a favorable business environment and policies that support investment incentives. The Israeli government is committed to improving the business environment and attracting foreign investment. Simple administrative procedures, facilitating business activities. Therefore, more and more businesses are expanding their business scope here, in order to be able to distinguish their trademarks from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers preliminarily through the procedure for trademark registration in Israel through the article below.

Trademark registration in Israel

Legal basis

  • Trademark Ordinance (New Version), 5732-1972 (amended until August 7, 2018)

Definition of trademark in Israel

According to the Trademark Ordinance (New Version), a trademark is defined as “a mark used or intended to be used by a person in connection with the goods they produce or trade”.

This means that a trademark can be anything that helps identify the origin of goods and distinguish them from others. Here are some key points about trademarks in Israel:

  • Signs: Trademarks can be letters, numbers, words, symbols, designs, or even sounds, or a combination of these.
  • Size: Trademarks can be two-dimensional or three-dimensional, for example the shape of the product.

Conditions for trademark registration in Israel

Distinguishability

The mark must be distinct enough to distinguish the goods or services of the applicant business from others. Signs must not be generic or describe the product itself. For example, “Red Apple” is not a good brand for apples, but a unique logo may be acceptable.

No deception

The sign must not deceive or mislead consumers about the nature, quality or origin of goods or services.

Legal

The sign must not offend or violate public order or morals.

Availability

The mark must not be identical or confusing to an existing registered trademark in Israel for the same type of goods or services. A preliminary trademark lookup should be performed before submitting an application.

Trademark registration documents in Israel

Applicant Information:

  • Applicant name and address: The legal name and full contact information of the applicant, including phone number and email.
  • Type of applicant: Indicates whether the applicant is an individual, company, or other legal entity. (Examples: Sole Proprietorship, Partnership, etc.)

Trademark Information:

  • Images that represent trademarks: These can be image files (JPEG, PNG) or a clear and detailed description of the trademark (lettering, logo, design, etc.).
  • Class of goods and services: A clear and specific list of the goods or services the applicant intends to use the trademark. Applicants can use the International Classification of Goods and Services (also called the Nice Classification for goods and the Vienna Classification for services) for ease of reference. These classification systems classify products and services, making it easier for the Trademark Office to review an applicant’s application.

After having all the information, the applicant needs to fill out the TM-A form, which can be downloaded at the following link: https://www.gov.il/en/departments/guides/tm-guides?chapterIndex=1

Statement of Use (Optional): If the applicant has already started using the trademark in Israel, the applicant may submit a statement of use with evidence (e.g. product packaging, marketing materials) to potentially expedite the registration process.

Authorization (Optional): If an applicant uses an attorney or intellectual property representative to file an application, the applicant may need an Authorization that allows them to file on the applicant’s behalf.

Application fee

Trademark registration fees in Israel

The trademark registration fee in Israel depends on the number of classes of goods or services that the applicant’s trademark includes. Here is a breakdown of the main expenses:

First class: The application fee for the first class of goods or services is approximately NIS 1,604

Additional classes: There is an additional fee for each class of goods or services in addition to the first class. The cost for each additional class is about 1,205 NIS.

Here are some additional points to note about fees:

Expedited processing: If the applicant wants their application to be reviewed faster, the applicant can pay an additional fee for expedited processing. This fee is approximately NIS 753 per class.

Government fees: These fees may change from time to time, so applicants should check the Israel Patent Office website for the most up-to-date information: https://www.gov.il/en/departments/ilpo/govil-landing-page.

Attorney’s fees: If an applicant hires a representative attorney in Israel to assist the applicant with the application process, additional attorney fees will be incurred in addition to the government filing fee.

How to file for trademark registration in Israel

To file for trademark protection in Israel, you can file using the following filing methods:

  • Direct submission: You can visit directly at the Copyright Office at Malcha Technology Park, Bldg. 5 1 Agudat Sport Hapoel st. Jerusalem 9695101 to file the application and related documents.
  • By Post: You can send your application form and all required documents via postal or courier service to the address of Malcha Technology Park, Bldg. 5 1 Agudat Sport Hapoel st. Jerusalem 9695101.
  • Submit online via website:

Log in to the website and create an account to apply online https://trademarksonline.justice.gov.il/ When applying online, you should pay attention to the payment of the relevant fee according to the instructions of the Copyright Office.

Registration of trademark protection in Israel through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

  • The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

  • Israel acceded to the Madrid Protocol on 1 September 2010.
  • The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
  • The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Singles with Israeli designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

  • Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
  • 02 MM2 declarations according to the form of the International Office in English or French;
  • 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
  • 02 MM18 declarations in English (if the application has a US designation);
  • Written authorization in Vietnamese (According to the form of Viet An Law Firm);
  • Documents of payment of fees for international registration of trademarks of Vietnamese origin;
  • Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

  • Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and

Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Israel of Viet An Law Firm

  • Perform the search and notify you in writing of the results of the trademark search in Israel;
  • Prepare the dossier and directly file and monitor the status of the trademark application filed in Israel on behalf of the trademark owner;
  • Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Israel;
  • Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Israel.
  • Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Israel, please contact Viet An Law Firm for the most effective support.

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