Sep 09, 2021 (Newsletter Issue 14/21)The Government Accedes to Nice AgreementIsrael joins the Geneva Act of the WIPO's Nice Agreement on September 25, 2021. The Nice Agreement and its Geneva Act establish a classification of goods and services for the registration of trademarks, streamlining trademark application processes, and making it easier for brand owners and entrepreneurs to seek trademark protection. Israel's instrument of accession was received by the WIPO on June 25, 2021.
For more information, please click hereSource: Israel Joins the Geneva Act of WIPO's Nice Agreement - YouTube Jun 11, 2020 (Newsletter Issue 9/20)Exchange of Priority Documents of Design ApplicationsThe Israel Patent Office (ILPO), Designs department, notified the International Bureau in accordance with paragraphs 10 and 12 of the Framework Provisions that it would commence operation as both a depositing office and an accessing office with effect from July 1, 2020.
ILPO as a depositing Office will deposit certified copies of design applications as priority documents, filed at the Office on and after July 1, 2020, which the applicant specifically requests be made available to the service.
- ILPO as an accessing Office will recognize priority documents available to it through the service for the purposes of any application for which the time for furnishing the priority document has not expired by July 1, 2020.
- All documents and information will be exchanged in color and in PDF format through WIPO PCT-EDI;
- As an Accessing Office, the Office will accept color, greyscale black and white documents in PDF format as deposited by depositing Office.
- Details on the Office’s participation in the service will be made available on the Office’s website.
For more information, please click hereSource: www.wipo.int Dec 05, 2019 (Newsletter Issue 17/19)Accession to Hague Agreement on International Registration of Industrial DesignsOn October 3, 2019, Israel deposited with WIPO its instrument of accession to the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.
The instrument of accession was accompanied by the following declarations:
– the declaration referred to in Article 4(1)(b) of the 1999 Act, whereby international applications may not be filed through its Office;
– the declaration referred to in Article 7(2) of the 1999 Act, whereby, in connection with an international application in which Israel is designated, and in connection with the renewal of any international registration resulting from such an international application, the prescribed designation fee shall be replaced by an individual designation fee. The details of the declaration and the amount of the individual designation fee will be the subject of a further information notice;
– the declaration referred to in Article 11(1)(a) of the 1999 Act, whereby the maximum period for the deferment of the publication of an industrial design provided for by the legislation of Israel is six months from the filing date;
– the declaration as required under Article 17(3)(c) of the 1999 Act, specifying that the maximum duration of protection provided for by the legislation of Israel for industrial designs is 25 years; and
– the declaration referred to in Rule 18(1)(b) of the Common Regulations Under the 1999 Act and the 1960 Act of the Hague Agreement, whereby where Israel is designated, the prescribed period of six months for notifying a refusal of the effects of an international registration is replaced by a period of 12 months.
In accordance with Article 28(3)(b) of the 1999 Act, the 1999 Act and the declarations made will enter into force with respect to Israel on January 3, 2020.
For further information, please check hereSource: www.wipo.int Nov 19, 2019 (Newsletter Issue 16/19)
Accession to Hague Agreement on International Registration of Industrial Designs
On October 3, 2019, the Government of Israel deposited with WIPO its instrument of accession to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, adopted at Geneva on July 2, 1999 (the "Geneva Act").
The Geneva Act will enter into force, with respect to the State of Israel, on January 3, 2020.
Source: www.wipo.int
Feb 01, 2017 (Newsletter Issue 3/17)
Official Fees Slightly Reduced
The Israel Trademark Office reduced official fees on January 1, 2017. The new official fee for filing a trademark application is ILS 1,601 for the first class and ILS 1,203 for each subsequent class.
Official fees are updated once a year in Israel (each January 1st) and this is the third time that those fees are reduced after years of increase.
Source: Ezratty-Farhi Law Firm, Israel
May 31, 2016 (Newsletter Issue 10/16)
Official Fees Slightly Reduced
The Israel Trademark Office reduced official fees on January 1, 2016. The new official fee for filing a trademark application is ILS 1,606 for the first class and ILS 1,206 for each subsequent class.
Official fees are updated once a year in Israel (each January 1st) and this is the second time that those fees are reduced after years of increase.
Source: Ezratty-Farhi Law Firm, Israel
Sep 02, 2015 (Newsletter Issue 13/15)
Design Law Amended Soon
A proposed Design Law has been drafted on July 6, 2015, and needs to undergo three readings in the Knesset.
Some of the amendments are listed below:
- The new design law does not only cover the design of physical objects of manufacture, but also the design of fonts and of computer icons and the like.
- The previous law related to registered designs only. The new law offers protection for up to three years for non-registered designs, considered suitable for clothing fashions and other trends having limited shelf-life. This proposal will bring Israel into line with Europe where non-registered designs have limited protection. It is proposed that fonts, even if non-registered, will be entitled to up to 25 years of protection.
- Currently, designs may be protected for up to 15 years. The proposed amendment will extend this period to 25 years, in line with Europe.
- If a design is marketed in Israel as a non-registered design, it may, within 12 months, be registered.
- The proposed Law adopts the Locarno Agreement Establishing an International Classification for Industrial Designs Signed at Locarno on October 8, 1968
- The proposed law requires absolute international novelty and significant differences from other designs.
Once the Law is passed, Israel may be able to join the Hague system for international design registration.
Source: IP Factor, Israel
Apr 15, 2015 (Newsletter Issue 6/15)
Official Fees Slightly Reduced
The Israel Trademark Office (ITO) has slightly reduced the official filing fees as from January 1, 2015. The new official fee for filing a trademark is ILS 1,617 for the first class and ILS 1,215 for each subsequent class.
This is the first time after several years of increase that those fees have been slightly reduced.
Source: Ezratty-Farhi Law Firm, Israel
May 02, 2012 (Newsletter Issue 7/12)
Pharmaceutical Labeling Requirements
The Pharmacists Ordinance has recently been amended and requires as from August 1, 2012, that labels of both prescription pharmaceuticals and any over-the-counter (OTC) pharmaceuticals will have to include several important details, including the brand name of a preparation in four languages, Hebrew, Arabic, English and Russian.
At present, only non-prescription pharmaceuticals which are permitted for general sale (i.e., which are not sold in a pharmacy or by a pharmacist) are required by applicable administrative regulations to be labeled with the pharmaceutical's brand name in four languages - Hebrew, English, Arabic and Russian. Other pharmaceuticals - namely, any pharmaceuticals dispensed in a pharmacy or by a pharmacist (either with or without a prescription) - have so far been required to be labeled with the brand name in Hebrew and in English.
A revised Practice Guideline of the Ministry of Health, which would set forth the specific guidelines for labeling pharmaceuticals in this regard, is soon expected.
In light of the new labeling requirements, it is recommended to apply for Israel trademarks for the pharmaceutical brand-name in each of the four languages: Hebrew, Arabic, English and Russian.
Source: Reinhold Cohn Group, Israel
and IP Factor, Israel
Apr 17, 2012 (Newsletter Issue 6/12)Patent Authority Begins Examining PCT ApplicationsOn April 4 it was announced that beginning June 1, 2012, Israeli applicants for PCT applications will be able to designate the Israel Patent Authority as an International Search and Examination Authority (ISEA).
The World Intellectual Property Organization (WIPO) decided to recognize the Israel Patent Authority as an ISEA in 2009. Since then significant preparations to implement this decision have been in progress. These include hiring additional patent examiners, training them to examine in accordance with PCT requirements, upgrading the computer and communications systems, and enacting the necessary legislation.
Official fees for performing search and examination have not been announced by the Patent Authority but they are expected to be lower than those presently paid by Israeli applicants to either the United States Patent & Trademark Office or the European Patent Office.
At first, the designation of the Israel Patent Authority as the ISEA in an international application will be available only to Israeli applicants. After an initial period it will also become available to applicants from other countries, subject to appropriate bilateral agreements.
Source: JMB Davis Ben-David, Israel Jun 12, 2011 (Newsletter Issue 8/11)
3D Shape Applications Accepted
The Deputy Registrar in Israel accepted three applications for 3D shapes on the grounds that they are distinctive, even with the absent evidence of acquired secondary meaning.
Source: Dr. Shlomo Cohen & Co., Israel
Ministry of Justice Patent Office, Trademarks Division, Israel
May 02, 2011 (Newsletter Issue 7/11)
No Disclaimer Required
After implementation of the Madrid Protocol in September 2010, the Israeli Trademark Office (ITO) has issued a Circular of Administrative Instructions revising its practice with regard to requiring disclaimers. No requirement for a disclaimer will be made from the ITO's part concerning components of the trademark that were considered to lack inherent distinctive nature, if the mark as a whole exhibits distinctiveness. In the past the ITO required such a disclaimer.
Following this Registrar's Circular, the ITO's practice now resembles the OHIM regarding disclaimers in CTMs.
Source: Fisher Weiler Jones, Tel Aviv, Israel
Feb 01, 2011 (Newsletter Issue 2/11)
Official Fees Amended
The Israel Trademark Office (ITO) hast changed its official trademark application fees effective from January 1st, 2011.
The official fee is ILS 1,523.00 (approx. EUR 308.00) for the first class and ILS 1,143.00 (approx. EUR 231.00) for each subsequent class.
Source: Bodner Flom, Tel Aviv; Reinhold Cohn & Partners, Tel Aviv and Shilon Zuckerstein & Co., Tel Aviv
Dec 01, 2010 (Newsletter Issue 17/10)Changes due to Implementation of Madrid ProtocolThe Israel Trademark Office (ITO) has implemented the Madrid Protocol on September 1st, 2010.
Related changes accompanying the implementation:
- multi-class applications are now possible
- the renewal period is reduced from 14 years to 10 years
- when renewing multi-class registrations, a reduced official fee applies for each class after the first
- the examination period of an Israeli application will be limited to a maximum of 2 years
- no more changes to registered national marks or to marks under application except in very exceptional circumstances
For further information please click here
Source: BODNER FLOM, Tel Aviiv and Fisher Weiler Jones, Tel Aviv Jun 02, 2010 (Newsletter Issue 11/10)
Accession to the Madrid Protocol
Israel joined the international trademark system following the deposit of its instrument of accession to the Madrid Protocol for the International Registration of Marks.
The Madrid System will become effective on September 1st, 2010.
Source: Bodner, Flom & Co., Law Offices and Patent Attorneys, Israel and www.wipo.int
Legal basis is the Trademark Ordinance 5732-1972, last amended August 7, 2017.
Israel is a member of the Madrid Protocol.
Trademark protection is acquired by registration or through use. Israel recognizes well-known marks.
Nice classification, 12th edition.
Registrable as a trademark are all distinctive (inherently or upon acquiring distinctive character) and graphically representable signs, such as letters, words, phrases, numbers, images, two-dimensional shapes, three-dimensional shapes, sounds, colours, and any combinations thereof.
Three-dimensional forms of the good or its packaging, are not allowed on their own, unless it can be proven that the mark has acquired distinctiveness through extensive use and is identified as such.
The following trademark types are registrable: trademarks, service marks, collective marks and certification marks.
The application is filed at the Israel Patent Office (Trademarks Department).
Multiple-class trademark applications are allowed.
Foreign applicants must be represented by a local attorney, unless they have a postal address in Israel. One exception is the International registration through the Madrid Protocol. In order to designate Israel in International filing, no local representation is required, unless and until the applicant is required to submit documents at the Israel Trademark Office, such as responses to Provisional Refusals; then the applicant must appoint a local representative.
A simply signed power of attorney is sufficient.
The examination process includes: formal examination, examination on absolute grounds and examination on relative grounds.
The examination time is presently approximately 4 months. If an Office Action or a Provisional Refusal is issued, there is a delay of 3 months for responding (extendible).
Upon acceptance, the trademark is published in the official Journal issued on the first day of the following month. If no opposition is filed within 3 months, the trademark is registered.
National:The opposition period is 3 months from publication of the trademark application (strict deadline, not extendible)
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Trademark registrations are valid for 10 years from the application date, and renewal is possible for subsequent periods of 10 years each. It is possible to proceed with the renewal at the earliest 3 months before the expiration date.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official trademark filing fee is ILS 1,731 for the first class and ILS 1,301 for each subsequent class. There are no fees for publication or registration.
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