Not every name or logo can be registered. The Trademarks Ordinance requires a mark to be distinctive, identifying your business rather than just describing the product. Knowing the rules in advance saves refusals and money.
Descriptive marks
A mark describing the goods or their quality, such as “Fresh Bread” for a bakery or “The Best”, is usually not registered. The reason is simple: no business should get a monopoly over words all competitors need.
Geographic names and surnames
A place name associated with the product, or a common surname, is accepted with difficulty, as others also have an interest in using it. Sometimes they can be registered combined with a design or another word.
Marks similar to an existing mark
A mark identical or similar to a registered mark or earlier application, for the same or similar goods, is usually refused. The examiner checks similarity in appearance, sound and meaning, which is why an early search matters. See checks before registering.
Prohibited marks
- Marks likely to mislead the public about the origin or nature of the goods.
- State symbols, flags and official emblems.
- Offensive marks or marks contrary to public policy.
- A mark similar to a “well-known mark”, even if not registered in Israel.
When use helps
A mark lacking distinctiveness at first may acquire it through long and extensive use, until the public associates it with the business. This is proven by evidence such as advertising, sales volume and surveys. It is possible, but harder than choosing well from the start. See registering a name or a logo.
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.