In a business’s early days there are many priorities, and trademark registration is often put off. But the longer you wait, the greater the risk that someone else registers a similar name and your marketing investment is lost.
When to register?
After choosing a name and before the public launch. In Israel, in a dispute, the first to file usually has an advantage. An early application also sets a priority date for registration abroad. See registration abroad and priority.
Before falling in love with a name
- Search the trademark register in Israel and in target markets. See checks before registering.
- Check that the name is not too descriptive. See what cannot be registered.
- Check the domain and social media handles. See trademark, company name and domain.
In whose name?
Usually in the company’s name, not one of the founders. If the mark is already registered to a founder, assign it to the company by agreement. Investors check this in due diligence.
Trademarks and fundraising
A registered mark is a company asset. It increases value and is checked in every investment, merger or sale. An unregistered mark, or one in the wrong name, may delay a deal.
How many classes?
Start with the classes of the main activity and add as you expand. See trademark classes.
At the same time, settle the founders’ agreement and ownership of the intellectual property created by founders and employees. See copyright.
Where do you go from here?
A good trademark is chosen, checked and registered correctly from the start. At Paz Israel & Co. Law Office we support businesses, startups and entrepreneurs with availability searches, class selection, filing, responding to the examiner and oppositions, as well as registration abroad and enforcement against infringers. For more information see our trademark registration page, or contact us to schedule a meeting in Tel Aviv, Jerusalem or Modi’in.
This article provides general information, is correct as of the time of writing, and does not constitute legal advice or a substitute for reviewing your specific circumstances.