Introduction

Although Israel has amended its laws in accordance with the Madrid Protocol (2008), at present the implementation of the decision is on hold.

Currently, the Israel Trademarks Office does not allow for filing of multiclass applications. As such, separate applications must be filed for every class in which a particular mark (text or design/logo) is sought to be registered.

Trademark applications in Israel, including the list of goods and classes, are filed in both English and Hebrew but the English list of goods takes precedence in any discrepancy.

The general requirements for filing a trademark application are as follows:

• Applicant's full details (if a company, include state of incorporation).
  
• A copy of the text or design/logo mark. For a design/logo mark, please provide four printed copies for each application, and if possible, electronic copies via email.
  
• The class/es in which registration is to be sought.
  
• A definition of all the goods or services to be covered in each application.
  
• Details of the capacity in which the applicant deals with the goods for which the mark is sought (e.g. manufacturer and/or merchant of the specified goods).
  
• Details of the priority application (if relevant).
  
• A certified priority document that should be submitted within three months of the filing date (subject to extension).
  
• A signed power of attorney. Scanned copies can be filed but the original is also required. No additional legalization or notarization is necessary.
  
• A certified translation of the priority document into English if necessary.

While the power of attorney, priority document and translation if necessary, are not required to be filed to obtain a filing date and number, late filing of documents may incur an additional service charge, and in some cases, official late fees.

Trademark Searches

Searches are not compulsory but they are advisable in order to ensure that there are no registered or pending conflicting marks in the trademarks database of the Israel Trademark Office.

Filing

JMB, Fa©tor & Co. files trademarks electronically, and receives a filing number immediately. The Official Filing Receipt is usually received within a month of filing, upon which
JMB, Fa©tor & Co. reports the official details of the application to the applicant.

Examination

There is no need to request substantive examination in Israel. An initial examination report is usually received within six to 10 months of filing an application.

If the application is accepted, then a Notice of Allowance is issued and there will be no further professional charges for dealing with a substantive examination.

If a first Office Action issues, JMB, Fa©tor & Co. generally tries to ensure that examination is completed within a single round, by drafting a Response that places the application(s) in a condition for acceptance. Sometimes it is worthwhile attempting to obtain wider protection than the Examiner may be willing to allow, and a second Office Action may issue. This is rare, however.

Allowance and Publication

Following examination and the allowance of the trademark application, a Notice of Allowance will issue, upon which allowance of the mark is published for opposition purposes. If no opposition is filed within the three month opposition period, then the application proceeds to registration.

Time Frames for Achieving Registration

In preparation of implementation of the Madrid Protocol, the Israel Trademark Office has made substantive efforts to examine and publish allowed marks or to issue at least a first Office Action within 12 months. Should one or more Official Actions issue during examination of an application, the overall process may take between 12 to 24 months.

In the event that one or more Oppositions are filed, the process may take much longer.

Accelerated Examination 

If registration is required urgently, it is possible to apply for accelerated examination upon payment of additional fees. This can reduce the time frame for registration to 5 to 6 months.

Renewals

Once a trade or service mark has been registered, the first renewal is due 10 years after the original application filing date.