Comparative Guides

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4. Results: Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
Israel

Answer ... A third party may file an opposition to a trademark application within three months of publication of a notice of allowance.

For more information about this answer please contact: Eviatar Aron from JMB Davis Ben-David
5.2
Who has standing to oppose a trademark application?
Israel

Answer ... Any third party has standing to oppose a trademark application. An opposition may be filed on the grounds that:

  • the opponent has a claim to ownership of the trademark; or
  • the application should have been denied pursuant to one or more provisions of the Trademarks Ordinance.

For more information about this answer please contact: Eviatar Aron from JMB Davis Ben-David
5.3
What is the timeframe for opposing a trademark application?
Israel

Answer ... The opposition period in Israel is three months from the date of publication in the Trademarks Journal of the allowance of the application. This three-month period cannot be extended.

For more information about this answer please contact: Eviatar Aron from JMB Davis Ben-David
5.4
Which body hears oppositions?
Israel

Answer ... The registrar of trademarks or one of several hearing officers in the Israel Trademark Office will hear the opposition and render a decision on this matter.

For more information about this answer please contact: Eviatar Aron from JMB Davis Ben-David
5.5
What is the process by which an opposition proceeds?
Israel

Answer ... The opposition commences with the filing of a notice of opposition by the opponent. The applicant then has two months to file a counterstatement. The opponent then files its evidence in the form of at least one written affidavit. After the applicant has filed its evidence, also in the form of at least one written affidavit, a hearing is held, at which each party has the right to cross-examine the other’s affiant. By agreement, the parties may waive the right to cross-examination. At the conclusion of the hearing, the registrar or hearing officer will then render a decision in writing.

For more information about this answer please contact: Eviatar Aron from JMB Davis Ben-David
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
Israel

Answer ... Like any final decision of the registrar of trademarks, the decision in an opposition may be appealed as a matter of right to the Jerusalem District Court. The normal rules of civil procedure before the district court will apply.

For more information about this answer please contact: Eviatar Aron from JMB Davis Ben-David
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Topic
Trademarks