The system for trademark protection in Israel includes the following:

• Registration system

Israel belongs to the following international treaties:

• Paris Convention
• Madrid Protocol
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
• Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
• Lisbon Agreement for the Protection of Appellations of Origin and their International Registration

The benefits of registering a trademark in Israel include:

• It is the only form of protection available for trademarks
• It entitles the proprietor to bring an infringement action
• Other: Under certain circumstances, protection of unregistered trademarks is also available if the relevant mark is a well-known mark or through the tort of passing-of.

Service marks

Yes

Defensive marks

No

Collective marks

Yes

Certification marks

Yes, The proprietor of the mark should be competent to certify the characteristics to be designated by the mark.

Well-known marks

Yes, Well-known marks are capable of being registered in Israel as any other traditional marks. The trademark office does not examine if an applied mark is well-known or not and a determination to this effect will only be made, where relevant, during litigation (including opposition). A well-known mark is defined as a mark that is well-known in Israel even if the mark is not registered in Israel or is not used in Israel. In determining whether a certain trademark is a well-known trademark in Israel, consideration will be given, inter alia, to the extent to which it is recognized in Israel as a result of the marketing endeavors.

Series marks

No

Marks in a different language or characters other than Roman characters

Yes, however, no special requirements exist.

Non-traditional marks: Sound marks

Yes, sound trademarks have already been registered in Israel. An application for a sound trademark should be accompanied by written notes comprising of the sound, as well as a digital file allowing for the sound to be heard on the Israel Trade Marks Office ("ITMO")’s systems. In this way, both the examiners and any interested third parties are given the opportunity to clearly understand the scope of the trademark. In addition, an application for registration of a sound mark must indicate that the mark indeed constitutes a sound mark (as opposed to the visual image of the musical notes comprising the sound). As with any other mark being applied for, it is not inevitable that in some cases it will be necessary to prove that the mark indeed fulfills the role of a trademark, for the purpose of identifying the source of the goods or services, and that it has acquired secondary meaning as a result of use. It should be noted, however, that the traditional protection for a sequence of tones is usually granted by means of the copyright law, since it may be considered a musical creation.

Non-traditional marks: Smell marks

No, as of the date of writing the Israeli chapter of this guide, to the best of the writers' knowledge, no smell marks were registered in Israel. There are contradicting opinions as to whether those are registerable. On the one hand, the general trademark rationale should apply for this type of mark as well, on the condition that they fulfill the role of a trademark and possess distinctiveness. However, on the other hand, it seems that it may be difficult to determine and specifically define this type of mark, and, therefore, their scope, if registered, could remain ambiguous. In addition, some hold the view that all smells should remain open for use by the general public and, therefore, no monopoly should be conferred on any one person or entity with respect to smell marks. IP practitioners in Israel are waiting for these specific issues to be addressed, and for the legal situation in relation to smell marks to be clarified by the ITMO and/or the courts. The writers assume that although it is doubtful whether smells are capable of clear determination, the ITMO might perhaps allow registration of such marks in the rare circumstances in which the mark can be clearly identified and defined. In addition, it is not inevitable that, in some cases, it will be necessary to prove that the mark has acquired a secondary meaning and that the mark fulfills the role of a trademark. For appropriate cases, the ITMO might also request the applicant to prove that the mark does not possess a real aesthetic or functional role. Smell marks could perhaps be defined by providing the relevant chemical formula or detailing the combination of ingredients that are used in order to come up with the desired scent, in addition to supplying the ITMO with a sample of the actual scent.

Non-traditional marks: Position marks

Yes, position marks are not regarded as separate or distinct types of marks. Yet, they may be registerable under similar requirements of shape marks (see below). They need to be clearly and specifically represented in the application form. 

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, principally, a color is indeed registerable in Israel as a trademark. However, in the absence of exceptional, unequivocal evidence of secondary meaning and distinctive character, demonstrating that specific color has become identified with the relevant goods for an extended period of time, a monopoly for use of a specific color will not be granted, as colors by their very nature, must remain in the public domain. A search of the Israeli Trademarks Database revealed several trademarks that have been registered for a particular color (e.g. - color yellow - Pantone No.1235). The ITMO has not issued specific guidelines directing, for example, that an applicant seeking to register a color as a trademark must describe the color by using a certain internationally accepted identification code or the like.

Non-traditional marks: Shape or three-dimensional marks

Yes, In principle, shape marks and three-dimensional marks are registerable and are dealt with and examined like any other trademarks. An application to register a three-dimensional trademark should be accompanied by a drawing or picture of the mark, in a manner that will allow the image to be viewed from all sides. In addition, the application form should note that the mark is three-dimensional. As to three-dimensional marks which comprise of the goods or their packaging - In general, the appropriate manner for procuring protection for the get-up of goods or their packaging is by submitting an application to register a design. Notwithstanding the above, registration of such three-dimensional trademarks may be considered in cases where it is proven, with sufficient evidence, that the following three cumulative conditions are met: (a) the mark for which registration is being sought actually fulfills the role of a trademark; (b) the mark for which registration is being sought does not possess a real aesthetic or functional role; and (c) as a result of use, the mark has acquired distinctive character. Just like any other trademark, a three-dimensional trademark is examined as a whole, and its registration shall not confer a right to exclusive use of each of its components separately. Thus, if the three-dimensional mark includes additional components which allow identifying the origin of the goods, such as the brand mark of the applicant, then this might exempt the applicant from having to prove that the above three cumulative conditions were indeed met. In the event that the mark will be accepted, its registration will be conditional upon the inclusion of a remark in the Trade Marks Registry clarifying that the mark is three-dimensional.

Documents and information required to file a trademark application in Israel include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Power of Attorney
• Other: priority Document ( if applicable); NB - Israel Trademark Office usually does not require notarization or legalization of the documents; Electronic Documents are acceptable.

Yes, multi-class applications are permitted in Israel. There is no maximum number of classes prescribed for each application. 

Yes, there are substantive examinations of trademarks in Israel on the following grounds: 

• Substantive grounds
• Relative grounds

Absolute grounds for refusal of a trademark in Israel include:

• Mark consists of a non-invented word(s)
• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive
• Mark consists of a geographical name
• Mark consists of a surname
• Mark consists of letters of the alphabet
• Mark consists of numerals
• Mark consists of geometric shapes

Relative grounds for refusal of a trademark in Israel include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.

The time period from application to registration in Israel is between 6-12 months. 

Yes, late renewal of trademark registration is permissible in Israel. 

Yes, evidence of use needs to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Israel. There is a grace period of six months after the renewal due date.

No, trademark licensees are not required to record themselves with the Registrar in Israel. 

Available enforcement methods in Israel include:

• Civil enforcement
  • Infringement action
  • Passing off
• Criminal enforcement
• Border or other administrative enforcement measures

None identified.