Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
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Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
Israel
Yes, within three months of publication of the application in the Trademark Journal, which takes place after acceptance of the application.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
5.2
Who has standing to oppose a trademark application?
 
Israel
Any person.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
5.3
What is the timeframe for opposing a trademark application?
 
Israel
Within three months of publication of the application.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
5.4
Which body hears oppositions?
 
Israel
The registrar, deputy registrar or an IP adjudicator.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
5.5
What is the process by which an opposition proceeds?
 
Israel
  • Within three months of publication of the application, any third party may file a notice of opposition (in which the details of the grounds of opposition are provided).
  • The applicant may then file its counterstatement within two months.
  • After a counterstatement has been filed, the opponent may file its evidence (accompanied by an affidavit) within two months.
  • After the opponent’s evidence has been filed, the applicant has two months to file its evidence (accompanied by an affidavit).
  • After the applicant’s evidence has been filed, the opponent may file its evidence in reply within two months (accompanied by an affidavit).
  • After the evidence stage, a date for a hearing before the registrar is set.
  • If the two parties notify the registrar that they will not be present at the hearing, the registrar will decide based on the material filed by the parties. If one of the parties is not present at the hearing, the registrar will hear the counterparty. The registrar may issue a decision against the party that was not present if it appears that this party abandoned its position.
  • The registrar may allow cross-examination of the affiants.
  • After cross-examinations, the parties file summations within a period decided by the registrar. Based on the summations and material filed by the parties, the registrar issues a decision on the opposition.
For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
Israel
The registrar’s decision in an opposition may be appealed before a district court within 30 days of the date of issue of the decision.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group