The Israel Trademark System
Foreign Trademarks in Israel
A Question & Answer series dealing with legal questions about the Israel Trademark System, rights and obligations, and practicalities.
Series Editor: Aaron Lewin, Israel Attorney at Law, Head of Trademarks at JMB Davis Ben-David
Contributors: Ms. Miriam Samis, Ms. Dodiva Grant, Mr. Eviatar Aron and Ms. Daphne Lazar
For trademark related inquiries contact Mr. Ivan Lipshitz, Managing Attorney Trademarks, Designs & Related Fields Ivan.Lipshitz@jmbdavis.com.
10 Protection of foreign trademarks
10.1 Q. Under what circumstances may foreign trademarks not registered in the jurisdiction be enforced (eg, under unfair competition law)?
A: Well-known marks not registered in Israel are protected against infringement (including dilution), but the only remedy available is an injunction.
10.2 Q. Does the trademark office permit registration of a mark based on a foreign or international (Madrid) registration?
A: Yes. Section 16 of the Israel Trademarks Ordinance (“Telle-Quelle”) provides for registration in Israel of a trademark based upon a foreign registration even if the trademark would not be deemed registrable pursuant to the strict standards of distinctiveness that would otherwise apply.
Israel is a signatory to the Madrid Protocol, such that Israel may be a designated country for an international trademark registration.
Find the other parts in this series here:
From the Legal to the Practical: The Israel Trademark System Part 1
From the Legal to the Practical: The Israel Trademark System Part 2
From the Legal to the Practical: The Israel Trademark System Part 3
From the Legal to the Practical: The Israel Trademark System Part 4
From the Legal to the Practical: The Israel Trademark System Part 5
From the Legal to the Practical: The Israel Trademark System Part 6
From the Legal to the Practical: The Israel Trademark System Part 7