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4. Results: Answers
Trademarks
8.
Maintenance and removal of registrations
8.1
What is the length of the initial term of registration and what is the length of renewal terms?
Israel

Answer ... The initial term of registration is 10 years from the filing date. Each renewal term is also 10 years.

For more information about this answer please contact: Miriam Samis from JMB Davis Ben-David
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
Israel

Answer ... There are no maintenance requirements during each 10-year term of registration. A registration is renewed by filing a request for renewal no earlier than three months prior to the expiration date and paying the renewal fee in effect at the time. If the renewal deadline is missed, the registration may still be properly renewed within a six-month grace period, together with payment of a late fee.

For more information about this answer please contact: Miriam Samis from JMB Davis Ben-David
8.3
What are the grounds for cancelling a trademark registration?
Israel

Answer ... At any time during the life of a registered trademark, a third party may file a petition to cancel the registration on the grounds that the registrant:

  • filed the application in bad faith;
  • did not have a bona fide intention to use the trademark; or
  • failed to use the trademark during the three-year period immediately preceding the filing date of the petition.

Up until five years after the initial date of registration, a third party may file a petition for cancellation of the registration on any of the following grounds:

  • The trademark was never eligible for registration;
  • The trademark has lost its distinctive character; or
  • Registration of the trademark has resulted in unfair competition.

After five years have elapsed from registration, the mark’s validity can be challenged only on the following grounds:

  • non-use;
  • bad-faith filing of the trademark; or
  • filing based on a registration in the applicant’s country of origin (Telle-Quelle registration), which has since been cancelled.

For more information about this answer please contact: Miriam Samis from JMB Davis Ben-David
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
Israel

Answer ... The Israel Trademark Office does not act on its own initiative in this regard. Cancellation of a registered trademark occurs solely on petition by a third party (see question 8.3).

For more information about this answer please contact: Miriam Samis from JMB Davis Ben-David
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
Israel

Answer ... See question 8.3.

For more information about this answer please contact: Miriam Samis from JMB Davis Ben-David
8.6
What is the procedure for appealing a decision cancelling a registration?
Israel

Answer ... The registrar’s decision to cancel a trademark registration may be appealed as a matter of right to the Jerusalem District Court within 30 days of the registrar’s decision.

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