Filing for a Trademark in Israel and Intellectual Property Strategy
In the past, many brand owners, both small as well as corporate sometimes did not consider much the immense importance of protecting someone's brand overseas. The simple key should be "IP strategy". If a strategic decision has been taken to go and expand the business and open new locations, one of the first things that should be done is to protect your brand. It has happened in the past that brand owners, went overseas, spent money on finding a local distributor, in opening new businesses and then discovered that their mark cannot be protected or has limited protection, when for example someone else has filed for a trademark first, and gained enough goodwill to bar their current application. Therefore, the importance of registering a trademark while planning ahead cannot be over rated.
When filing for a trademark in Israel, one should be aware that Israeli Law currently operates differently than the US trademark Law, whereas in Israel operates on a Mono-Class system , as opposed to the Multi-Class system that operates under US trademark Law.
A mono-class system means that when filing for one trademark in several classes, applicant will have to file several applications for the same trademark. On the financial aspect, this usually will mean that a bigger budget will be needed as each class is considered as one new application, and on the procedural aspect, each application will be allocated a different serial number, sometimes a different filing date and many times be examined separately.
Although one cannot generalize on all legal practitioners, some, do offer a reduced fee when filing for one trademark in different classes.
One more fact, applicant should be aware of, is that Israel is a member of the Paris Convention, by which any applicant who filed an application on an another member state, may file for the same application in Israel provided that the filed application be on the same class number, the same list of goods and/or services, for the same mark and that the Israeli application was filed within 6 months from the earlier priority date. This will allow the applicant to file the trademark in Israel claiming priority on the previously filed application date.
More factors need to be considered when filing for a trademark in Israel and it will be further detailed on the following article, published on this subject.
Although the data provided on this article should be error free and accurate, it can under no circumstances be considered as a legal advice and one should contact a lawyer on a case-by case advice.
When filing for a trademark in Israel, one should be aware that Israeli Law currently operates differently than the US trademark Law, whereas in Israel operates on a Mono-Class system , as opposed to the Multi-Class system that operates under US trademark Law.
A mono-class system means that when filing for one trademark in several classes, applicant will have to file several applications for the same trademark. On the financial aspect, this usually will mean that a bigger budget will be needed as each class is considered as one new application, and on the procedural aspect, each application will be allocated a different serial number, sometimes a different filing date and many times be examined separately.
Although one cannot generalize on all legal practitioners, some, do offer a reduced fee when filing for one trademark in different classes.
One more fact, applicant should be aware of, is that Israel is a member of the Paris Convention, by which any applicant who filed an application on an another member state, may file for the same application in Israel provided that the filed application be on the same class number, the same list of goods and/or services, for the same mark and that the Israeli application was filed within 6 months from the earlier priority date. This will allow the applicant to file the trademark in Israel claiming priority on the previously filed application date.
More factors need to be considered when filing for a trademark in Israel and it will be further detailed on the following article, published on this subject.
Although the data provided on this article should be error free and accurate, it can under no circumstances be considered as a legal advice and one should contact a lawyer on a case-by case advice.
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