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OrdinanceCivil Law

Trade Marks Ordinance [New Version], 5732-1972

פקודת סימני מסחר [נוסח חדש], תשל"ב-1972

Published: 1972-06-01Last amended 2025-02-11✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Section C: International Applications Designating Israel

Application of provisions of the Ordinance to applications designating Israel§
56e.

Where the Registrar has received from the International Bureau a notification of the filing of an application designating Israel, he shall decide on the eligibility for registration of the trade mark applied for, and the provisions of this Ordinance shall apply with the necessary modifications and with the following modifications:

(1)the provisions of section 17 shall not apply;
(1a)for the purpose of sections 17a and 17b, division or merger of applications shall be in accordance with the provisions of section 9 of the Protocol and in accordance with the Madrid Regulations;
(1b)for the purpose of section 20, correction of an error in an application designating Israel or in relation thereto shall be in accordance with the Madrid Regulations;
(2)for the purpose of section 24(c), a copy of the notice of objection referred to in section 24(b) shall be sent to the International Bureau in accordance with the provisions of the Protocol and the Madrid Regulations and within the period prescribed in the opening part of section 56f;
(3)for the purpose of registration under section 26, it shall be noted in the register that the trade mark is an international trade mark;
(4)in place of the provisions of section 27, the following provisions shall apply:
(a)the date of registration in the register of an international trade mark registered in Israel, which was registered pursuant to an international application designating Israel, shall be the date on which the international trade mark was registered in the International Register of Marks;
(b)the date of registration in the register of an international trade mark registered in Israel, which was registered pursuant to an application for extension designating Israel, shall be the date on which the application for extension was registered in the International Register of Marks.
Notifications of refusal or filing of objection§
56f.
(a)Within 18 months of the day on which the application designating Israel was sent to the Registrar, he shall notify the International Bureau of each of the following, in accordance with the provisions of this Chapter:
(1)a decision that the trade mark is not eligible for registration or that the application may be accepted only subject to conditions, amendments, modifications or limitations, under the provisions of section 18;
(2)the filing of objections to the registration of the trade mark, or the existence of a possibility to file such objections even after the said 18 months.
(b)Where the Registrar has notified the International Bureau of the existence of a possibility to file objections under the provisions of subsection (a)(2), he shall notify the International Bureau, within one month after the expiry of the period for filing objections, of every objection filed during that period.
Registration of international trade mark§
56g.

Where the Registrar has not given the International Bureau notifications under section 56f within the periods referred to therein, he shall register the trade mark in the register and note that it is an international trade mark.

Notification of final decision on objection§
56h.
(a)Where the Registrar has decided on an objection of which he notified the International Bureau under the provisions of section 56f(a) or (b), and has not received within 30 days of the date of his decision a notification under section 25(b1) of the filing of an appeal, he shall notify the International Bureau of his decision on the objection.
(b)Where an appeal has been filed against the Registrar's decision on an objection under section 25, the Registrar shall notify the International Bureau of a final judgment of the court on the appeal.
International trade mark — in place of national trade mark§
56i.
(a)Registration of an international trade mark in the register under the provisions of this Section shall replace the registration of the national trade mark, for all purposes, and if the international trade mark was registered in the register in respect of part of the goods for which the national trade mark is registered in the register — in respect of those goods only, all provided that all of the following conditions are satisfied:
(1)at the time of filing of the application designating Israel with the International Bureau, the international trade mark applied for therein was a national trade mark;
(2)the international trade mark and the national trade mark are registered both in the International Register of Marks and in the register, in the name of the same person;
(3)the international trade mark is registered in the International Register of Marks, with respect to Israel, in relation to all the goods for which the national trade mark is registered in the register or in relation to part of those goods, as the case may be.
(b)The replacement of the registration under the provisions of subsection (a) shall not prejudice rights acquired by virtue of the registration of the national trade mark.
(c)The replacement of the registration of the national trade mark by registration of an international trade mark shall be noted in the register if so requested by the person in whose name the national trade mark is registered.
Application of provisions of the Ordinance to international trade mark§
56j.

The provisions of this Ordinance concerning a registered trade mark shall apply to an international trade mark registered in Israel, with the necessary modifications, and with the following modifications:

(1)for the purpose of the concluding part of section 31 and section 32, the extension of validity or renewal of the registration of the trade mark shall be in accordance with the provisions of sections 6(1), 7 and 8 of the Protocol and in accordance with the Madrid Regulations;
(2)the provisions of section 33 shall not apply;
(3)
(a)for the purpose of sections 36, 49, 51 and 52, the following applications for registration shall be filed with the International Bureau directly or through the Office of origin, in accordance with the Madrid Regulations:
(1)an application for a change in registration under section 36(a);
(1a)an application for registration by virtue of a transfer or by operation of law under section 49(a);
(2)an application for registration of a licence under section 51(a);
(3)an application for a change in the registration of a licence under section 52(a) or an application for the cancellation of the registration of a licence under section 52(b);
(4)for the purpose of section 36a, the merger of several registrations of the same trade mark shall be in accordance with the provisions of section 9 of the Protocol and in accordance with the Madrid Regulations.
(b)Where the Registrar has received from the International Bureau a notification of the filing of any of the applications listed in sub-paragraph (a), he shall decide on it in accordance with the provisions of this Ordinance.
Notification of cancellation or revocation of international trade mark§
56k.

The Registrar shall notify the International Bureau of a final decision or final judgment concerning the cancellation or revocation under the provisions of sections 39 or 41 of the registration of an international trade mark registered in Israel, in respect of all the goods for which it is registered or part thereof, in accordance with the provisions of this Chapter.

Consequences of cancellation or revocation from the International Register of Marks§
56l.
(a)
(1)Where the International Bureau has notified the Registrar of the cancellation or revocation, from the International Register of Marks, of the registration of an international trade mark registered in Israel, in respect of all the goods or categories of goods for which it is registered or part thereof, the Registrar shall cancel or revoke the registration of the international trade mark registered in Israel from the register, in respect of those goods specified in the notification; the date of the cancellation or revocation from the International Register of Marks shall be the date of the cancellation or revocation, as the case may be, from the register;
(2)the provisions of paragraph (1) shall also apply to a trade mark registered in the register under the provisions of section 16, and the provisions of section 39(b) shall not apply in that regard.
(b)Where the International Bureau has notified the Registrar of the cancellation or revocation from the International Register of Marks of the registration of an international trade mark, in respect of all the goods for which it is registered or part thereof, and in respect of the goods specified in the notification an application designating Israel has been filed, the Registrar shall discontinue the processing of the application in respect of those goods.
Conversion of international trade mark to national trade mark§
56m.

Where the registration of an international trade mark has been cancelled or revoked from the International Register of Marks, in accordance with a notification by the Office of origin under section 6(4) of the Protocol, in respect of all the goods or categories of goods for which the mark is registered or part thereof, and within three months of the date of the cancellation or revocation the person who was the registered owner of the international trade mark has filed an application for registration of an identical trade mark as a national trade mark in respect of the goods for which the registration was cancelled or revoked, the following provisions shall apply:

(1)with respect to an international trade mark registered in Israel whose registration from the register was cancelled or revoked under the provisions of section 56l(a) — the Registrar shall register the trade mark in the register as a national trade mark in accordance with the application;
(2)
(a)with respect to an application designating Israel that was published under the provisions of section 23 — the application for registration of the national trade mark shall replace the application designating Israel, for all purposes, and any objection filed against the registration of the international trade mark shall be deemed an objection filed against the registration of the national trade mark;
(b)where the application designating Israel had priority under the provisions of section 55, that priority shall apply to the application for registration of the national trade mark;
(3)the date of registration of the national trade mark shall be as provided in section 56e(4).

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Chapter IX: Infringement

Action for infringement§

57.
(a)The owner of a registered trade mark or the owner of a well-known trade mark may bring an action for infringement; the court shall not entertain an action for infringement in respect of a trade mark that is not registered; however, in respect of a well-known trade mark it may entertain an action for infringement in respect thereof even if it is not registered.
(b)(Repealed).

Trade usage — evidence§

58.

In proceedings for infringement, evidence shall be admissible as to trade usage regarding the get-up of goods for which a trade mark is registered and regarding trade marks or get-up lawfully used by other persons in relation to such goods.

Remedies§

59.
(a)In proceedings for infringement the plaintiff shall be entitled to a remedy by way of an injunction and to damages in addition to any other remedy that the court hearing the matter has jurisdiction to grant, and shall also be entitled to the remedies listed in section 59a.
(b)With respect to infringement of a well-known trade mark that is not a registered trade mark, the plaintiff shall be entitled to a remedy by way of an injunction only.

Additional remedies§

59a.
(a)The court may order, at the conclusion of the hearing of the action, one of the following:
(1)the destruction of assets that were produced in the course of committing the infringement or that were used for its commission (in this section — the assets);
(2)if the plaintiff so requests — the transfer of ownership of the assets to him, in consideration of payment of their value, as that value would have been but for the commission of the infringement;
(3)any other action in relation to the assets,

however, the court shall not permit the assets to remain in the possession of the defendant, even if the defendant has removed the infringing marks, except in exceptional cases.

(b)A party filing an application for the destruction of assets shall give notice thereof to the Israel Police in the manner prescribed by the Minister, and the court shall not hear the application without having given the police an opportunity to present its arguments.

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Chapter X: Penalties

Penalties§

60.
(a)A person who does any of the following is liable to imprisonment of three years or a fine of seven times the fine referred to in section 61(a)(4) of the Penal Law, 5737-1977 (hereinafter — the Penal Law):
(1)marks, for commercial purposes, without the authorisation of the owner of the mark or a person acting on his behalf, a registered trade mark or an imitation thereof, on goods in respect of which the mark is registered in the Register, or on packaging of such goods, and is thereby likely to deceive another person;
(2)imports, for commercial purposes, without the authorisation of the owner of the mark or a person acting on his behalf, goods or their packaging that have been marked with a trade mark registered in the Register in respect of those goods or with an imitation of such a mark, and the marking is likely to deceive another person; however, the provisions of this paragraph shall not apply to goods that were marked with the authorisation of a person who is the owner of the mark in the country in which the marking was done;
(3)engages in the sale, hire or distribution of goods that were marked or imported into Israel in contravention of the provisions of paragraphs (1) or (2), or sells, hires out or distributes such goods, on a commercial scale;
(4)holds goods that were marked or imported into Israel in contravention of the provisions of paragraphs (1) or (2), for the purpose of trading in them.
(b)Where an offence under subsection (a) is committed by a corporation, it is liable to double the fine prescribed for the offence.
(c)A person who furnishes false information to the Registrar in connection with an application for the registration of a mark in the Register is liable to imprisonment of one year.
(d)
(1)An office holder in a corporation is required to supervise and do everything possible to prevent an offence listed in this section (hereinafter — offence) from being committed by the corporation or by any of its employees; if the office holder breaches that duty, the office holder is liable to the fine referred to in section 61(a)(4) of the Penal Law.
(2)Where an offence is committed by a corporation or by any of its employees, it shall be presumed that the office holder breached the duty under paragraph (1), unless the office holder proves that everything possible was done to fulfil that duty.
(3)In this subsection, "office holder" — an active manager in a corporation, a partner excluding a limited partner, and an official responsible on behalf of the corporation for the area in which the offence was committed.

Injunction§

61.

After a conviction for an offence referred to in section 60, the court may, either in lieu of or in addition to the prescribed penalties, grant an injunction in order to prevent the recurrence of the offence.

Order for Forfeiture or Destruction§

62.

The court before which a person is brought to trial for an offence under section 60 may order the forfeiture or destruction of goods, wrapping, packaging or advertising materials, and of blocks, dies and equipment and other material for printing the mark or other materials by means of which the offence was committed.

False Representation of a Mark§

63.

A person who claims that a particular trade mark is registered when it is not so is liable to a fine of 750 liras for each offence; "claims", for this purpose — uses in relation to a trade mark the word "registered" or words from which it is implied, expressly or by implication, that registration has been obtained for the trade mark.

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