Every country is sovereign to itself and has a given set of laws to govern itself and the citizens therein. This is the case when it comes to israel trademark. It abounds with many opportunities that can call out to the entrepreneur hidden in you to come out and make a living from them. When you find yourself in such a position it is important for you to know the legal road to take so as to be recognized in the business community. You need a mark of distinction to set you apart from your competitors. This also gives your clients or fans a way to relate to your product. Knowing this, you ought to too know the right path to follow to get your Israel trademark registered.
Criteria For A israel trademark
This is important to clarify just so you don’t get disappointed with the “big” idea you had for a trademark. The good news is you can register either words or graphic images as israel trademark. This gives you some leeway to play around with the ideas you have. Now, you need to note though, that the mark ought to be unique to your business and not something that you saw and decided to tweak a little. It has to clearly identify your business for it to be accepted. Three dimensional characters are also allowed! You could design a really artistic mark that stands out and make people take note of your business. The one thing is that it has to enable the viewer to know where it comes from, that is, identify your business as the source. Lastly, not to dampen your artistic spirit, but marks that imply a link to the state will not be accepted. Neither will marks that are implicit of an immoral nature.
The Procedure for an israel trademark
Here is where the slicing and dicing begins. Israel trademark registration in is governed by The Trademarks and Patents Authority which independently operates under the Ministry of Justice. The first step that you will take is make samples of the mark. Then write an application stating the nature of goods or services that the mark is supposed to be representing and give your details as well. Revision of the laws governing trademark registration now allows you to make multiple applications on different classes of goods or services. These classes are currently divided into 45 categories.
After you have submitted your application for an israel trademark it is vetted by an examiner. Here, the rules stipulated above will be enforced upon your application and it will either pass the test or fail. If your mark is similar to another, it will fail. If it is not clearly definitive, leaving too much to the imagination of the viewer, it will also be rejected. Again, if you gave a rather broad mark which could be interpreted in many ways by the viewer it will also (sadly) be rejected.
There is a leeway however, to using a generic mark. This is allowed if you specify that this mark is not solely for your use and that it can only be used in combination with your Israel trademark (a specific one). This in effect means that you do not have discrete use of the generic statement or mark and that it can be used by other people.
After the application is filed successfully and you have gotten a “clean bill of health” from the authority, the association now posts your mark on its journal (the Trademarks Journal), which is an online publication. This is done in order to give members of the public a chance to see it and raise an objection if they feel their rights are infringed upon. The window period for an israel trademark objections is 90 days. If an objection is raised, it is taken to the registrar who makes a decisive ruling based on the evidence presented before him. If at all any of you feel dissatisfied with his ruling, you can still appeal.
Examination Duration for israel trademark
The vetting process takes a substantial amount of time. The total time taken will fall between nine months and a year. Examination takes around six months to a year while the registration process takes three to eight months. The total is roughly one and a half years. This does not take into account if your israel trademark will be contested against. If it is, it will take a much longer time.
Registration Cost - israel trademark
As with every other service rendered, this too comes with its price tag. You will be required to part with 1,590 New Israel Shekel if you are applying for one trademark. If you have more than one trademark and are applying for them at the same time, you will be charged NIS 1,100 for every additional class. Validity of these israel trademarks is 10 years where upon you will be required to renew them. The charges for renewal are slightly higher than registration. Renewal for one trademark is NIS 2,665 and any other trademark on top of this is NIS 2,000.
The israel trademark law seeks to protect you as an enterprising citizen as well as your fellow countryman from having their rights infringed upon. It therefore sets up stiff penalties for those who infringe upon the rights of others when it comes to trademark use. You should be wary of this when you design your mark; that it is highly distinct to you and you alone. When caught on the wrong side of the law, a defendant is to pay the claimant a sum total of NIS 100,000. This goes for every trademark, so if a claimant has more than one symbol infringed upon, they are entitled to NIS 100,000 to each in damages.
There are other forces that come into play in line with trademark registration; the rule of international treaties and protocols. The Paris treaty comes into play in this instance. Since Israel is a member state, it submits to the laws in this treaty. The treaty stipulates that if you have submitted your registration of a trademark later than an applicant who is within the member states of that treaty, then their application will receive first priority over yours. Another international force that comes into play is the Madrid protocol which gives Israel the autonomy to receive international applications from member states. Applications filed outside Israel but which require registration in this state are also accepted. The only thing to consider is that if you wish to contend such a trademark, you will have to come before the Israel registrar.
Finally, do your research adequately before applying for a trademark. A unique trademark will ease the registration process for you.