Comparative Guides
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Results: 4 Answers
Trademarks
9.
Licensing
9.1
Are there particular requirements, such as quality control by the licensor, for a trademark licence to be valid?
 
Israel
Quality control is required, but may be minimal.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
9.2
Must trademark licences be recorded with the trademark office or other governing body?
 
Israel
Yes. According to Section 50(b) of the Trademark Ordinance, an authorisation to use a trademark will not be valid unless the licensee is duly recorded as an authorised user in the Trademark Register with respect to the relevant trademark registrations, and thus the licensee’s use will not accrue to the registered owner. This has several serious implications, including vulnerability of the trademark registration to cancellation on the grounds of non-use (in case of three consecutive years of use of the mark by the non-registered licensee only) and dilution of the relevant trademark.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
9.3
Can a licensor lose its rights in a trademark by failing to comply with its obligations under the licence, such as maintaining quality control?
 
Israel
Yes. Section 41(f)(2) of the Trademark Ordinance provides that use of a trademark by a recorded licensee shall constitute ‘use’ in the context of vulnerability to cancellation on the grounds of non-use, provided that the use is subject to the supervision of the trademark owner. However, as noted above, control may be very limited.

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