Found a competitor using a similar name, an online store selling copies, or an ad exploiting your brand? The owner of a registered mark has strong tools, and those who act quickly usually do better.
What is infringement?
Unauthorized use of a mark identical or similar to a registered mark, for the same or same-description goods, in a way likely to mislead. Use of a well-known mark may also be infringement, even if it is not registered in Israel. When the mark is not registered, a passing-off claim is sometimes possible, but goodwill must be proven, which is harder.
First steps
- Documentation: screenshots, a test purchase, invoices and testimony, with dates.
- Checking your rights: exactly what is registered, for which classes and from what date.
- A cease-and-desist letter: a demand to stop the use. In many cases this is enough.
When there is no response
- A temporary injunction in court to stop the infringement quickly.
- A claim: for a permanent injunction, destruction of infringing goods and damages. In certain cases the law allows damages without proof of loss.
- Customs: the owner of a registered mark can ask the Customs Authority to detain infringing goods imported into Israel.
- Platforms: Amazon, marketplaces and social networks let registered owners file infringement complaints.
And if you received a cease-and-desist letter?
Do not ignore it, and do not rush to admit anything. Check with a lawyer whether there is infringement at all, whether the other side’s mark is valid, and whether a settlement is possible.
If design, text or images were also copied, there may also be copyright infringement.
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.