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Jul 12, 2011
Dr. Michael Factor, JMB, Factor & Co., Israel
Aharon Factor Esq., JMB, Factor & Co., Israel

3D Trademarks in Israel


Dr. Michael Factor, JMB, Factor & Co., Israel, Aharon Factor Esq., JMB, Factor & Co., IsraelAccording to the Trademark Ordinance, a trademark may be either two-dimensional or three-dimensional.

In practice, whilst it is possible to apply for three dimensional trademarks the Trademark Office has issued a Circular (Circular M.N. 61) curtailing the registerability of such marks. Specifically, three dimensional trademarks which depict the goods themselves which are intended to be covered by the mark are deemed to be not inherently distinctive.
Essentially the position of the patent office is that the appearance of the good is not an indication of the source of the good. Rather, it is by nature, generic. Essentially, the Trademark Office believes that the most fitting way to protect the shape and appearance of three-dimensional objects is by means of an industrial design.  read more