Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Trademarks
6.
Rights of registered and unregistered marks
6.1
What, if any, protection is afforded to unregistered trademarks?
 
Israel
The owner of an unregistered mark may base a legal action on the tort of passing off under the Commercial Wrongs Law, 5759-1999. Furthermore, unregistered well-known trademarks are protected from infringement according to the Trademark Ordinance (New Version), 5732-1972. Common law rights in a trademark constitute grounds to oppose or cancel a trademark registration.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
6.2
What legal rights are conferred by a trademark registration?
 
Israel
A trademark registration in Israel confers:

  • the right to use the trademark exclusively in the Israeli territory;
  • the right to take legal action against infringement of the trademark; and
  • the right to request Israeli Customs to prevent illegal importation of infringing goods or to file a complaint with the police for counterfeiting.
For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
6.3
If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?
 
Israel
Not applicable.

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