Part of how any company moves from start-up to growing and thriving is to create a recognizable brand under which it operates. The brand provides a way to identify and distinguish yourself with customers, and it all begins with images that you use to represent yourself–and no one else–to the world. To prevent others from using the same or similar images, though, you need to obtain trademark protection. A trademark is a kind of intellectual property protection that lets you defend your marketing ground against others who want to benefit from your symbols and imagery.
Obtaining a Trademark in Israel
Israel is a member of the Madrid Protocol, which currently includes
97 members, covering 113 countries. These members represent more
than 80% of world trade, with potential for expansion as membership
grows. This membership contributes to Israel’s tradition of
supporting business investment. Companies want to protect their
branding and intellectual property, and registering for legal
protection recognized throughout the world helps achieve this by
allowing filings from far beyond the country’s borders.
Indeed, in 2014, out of 23,018 trademark applications in Israel,
13,659 came from abroad, and another 6,982 were filed by
non-residents.
The process of obtaining a trademark can be time-consuming. Once you file a trademark application, the waiting period before your application is examined lasts 18 to 24 months. Once the trademark is granted, your protection extends for 10 years. At the 10-year anniversary, you must then file a renewal application for each 10-year period afterward. The protection includes the exclusive ability to transfer or modify the mark as well.
Enforcing Your Trademark
Trademark protection, even though filing occurs through an
international system, exists solely within Israeli borders.
Different methods allow you to act to defend your trademark if it
appears someone else is using it for their own purposes. One option
is to file a civil enforcement action in court. You can seek a
temporary injunction order to force the other person or company to
stop using the mark, and if you prevail, you may be entitled to
both a permanent injunction and monetary damages.
In addition, Israeli Customs has jurisdiction over imported goods that use your mark. Finally, trademark infringement constitutes a criminal offense; the Israeli Police contains an IP division that prosecutes knowing violations of trademarks.
Israel has a long tradition of supporting businesses and helping protect intellectual property. Barnea & Co. will help you through the trademark registration process as well as enforcement proceedings to protect what is yours.
Originally published August 30, 2016
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
