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How Is a Trademark Registered in Israel?

Michael Decker
Michael Decker

Kfir Cohen

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What Is the Procedure for Registering a National or International Trademark?

How is a trademark registered? After registering the company itself and (if necessary) patenting the product that the company manufactures, registration of a trademark (marked by the symbol ®) is one of the first questions that arise for a company that manufactures products, or even for an individual who wants to make his mark.

Such a company wants to develop a reputation so that the consumer audience can identify its products, and wants to prevent other companies from imitating or counterfeiting the company’s products. A trademark is a symbol, word, illustration, or combination thereof that uniquely identifies the company’s products.

This article by Michael Decker, a lawyer from our law office in Jerusalem, explains how to register a national or international trademark in Israel.

How Do You Apply to Register a Trademark?

Lawyers and corporations are required to file an online application through the Israeli Ministry of Justice. This is done by the following steps:

  1. Registering via the online trademark interface. For those who own a smart card, it is recommended to register using the card.
  2. Adding a new request.
  3. Entering the trademark details and the trademark image (if any).
  4. Listing the name of the person requesting the trademark registration and the name of the lawyer representing him (if any) + a letter of attorney, if any.
  5. Listing the types of goods on which the trademark is used.
  6. Applying for a priority right in other countries, if necessary.
  7. Conducting external registration.
  8. Adding notices and clarifications regarding the patent.
  9. Adding another request, if any.
  10. Confirming the application details and payment (payment is made through the trademark interface at the time of registration).

An individual may submit the application manually to the Trademark Department and pay the fee there.

How Long Is the Process of Registering a Trademark?

The application is examined by trademark examiners for about 15 months, on average, with the maximum waiting time for a reply being two years.

In Filing an Application for Registration of a Trademark in Israel, Will the Trademark Be Protected Worldwide?

Trademark registeredNo, the protection only applies in Israel. To protect a trademark in other countries, it is necessary to apply for trademark protection in each country individually. However, after the trademark is registered in Israel as the “country of origin,” the trademark holder may submit an application through the Israeli Ministry for registration of the trademark in all countries that are parties to the Madrid Agreement and Protocol.

How Is an International Trademark Registered?

To register an international trademark, an MM2 form must be filled out (in English, French, or Spanish), signed, and sent in PDF format to the e-mail address of the Israeli Trademark Department, along with a copy of the receipt indicating payment of the handling fee. The Israeli Ministry examines the application and passes it on to the international office. The registration of an international trademark is valid for ten years only, and may be renewed once every 10 years with the payment of a renewal fee.

What Does Filling Out an MM2 Form Require?

  1. The form must be completed electronically in English / French / Spanish.
  2. Two contact addresses must be included (and both must belong to the applicant, not the lawyer).
  3. The first address must be the one appearing in the original application submitted to the Israeli office (and so must the name of the applicant).
  4. It is recommended to include an email address, telephone number, and fax number.
  5. If the aforementioned addresses are outside of Israel, a contact address within Israel must also be included.
  6. There is no obligation to appoint a lawyer. However, if a lawyer is appointed, his details must be noted.
  7. The filing date of the application, trademark registration date, number of original application, and number of trademark registration must be provided.
  8. A priority right may be claimed if a national application has been submitted six months before the date of filling out the form.
  9. An image of the trademark must be included.
  10. The countries in which the trademark registration is requested must be indicated. If the US is one of them, an MM18 form must be included, as well.
  11. If the European Union is indicated as a place in which to register the trademark, another contact language besides English must be chosen (German, French, Spanish, or Italian).

How Is the Fee Paid to the International Office?

The fee is paid directly to the international office and cannot be paid through the national office. Payment is accepted in one of the following four ways: – 1. Debit of the customer’s deposit account at the international office. 2. Payment through the post office bank account of the international office. 3. Check payment. 4. Cash payment at the international office.

Payment must be made in Swiss Francs.

In addition, applicants must pay a handling fee to the Israeli Trademark Department, which refers the application to the international office.

What Problems May Arise When Registering a Trademark and How Can They Be Prevented?

During examination of the application, it may be discovered that there is an approved trademark that is similar to the one in the application. To prevent this from happening, a preliminary search must be performed in the Israeli trademark database to ensure that no other trademark exists that is identical or misleadingly similar to the one in the application. The Israeli trademark database, as well as the online trademark interface TMONLINE, may be searched for free. When registering an international trademark, the WIPO trademark database should be used for the search.

Contact our law firm in Tel Aviv and Jerusalem for legal assistance on registering companies, trademarks, corporations, or associations.

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