Trade Marks Ordinance [New Version], 5732-1972

Another decision of the Registrar, under this Law, may be appealed before the court, if leave to do so has been granted by the court; for this purpose, "another decision" — a decision that does not have the effect of concluding the hearing of a proceeding conducted before the Registrar.

A judgment and another decision as defined in section 63a, of a District Court, under this Law, may be appealed before the Supreme Court, if leave to do so has been granted by the President of the Supreme Court or by another judge of the Supreme Court designated for that purpose by the President; the provisions under section 41(b) in fine and (c) of the Courts Law shall apply, with the necessary modifications, in respect of the granting of leave to appeal against another decision as aforesaid.

In any legal proceeding concerning a registered trade mark, the fact that a particular person is registered as the owner of the trade mark shall be prima facie evidence of the validity of the original registration of the trade mark and of all subsequent assignments thereof.

A certificate purporting to be signed by the Registrar, in relation to a registration or in relation to any matter that the Registrar is competent to do under this Ordinance or Regulations made thereunder, shall be prima facie evidence of the making of the registration and its contents and of the doing or non-doing of the matter.

Wherever a discretionary or other power is conferred on the Registrar by this Ordinance or by Regulations made thereunder, the Registrar shall not exercise the power adversely to an applicant for registration or to the registered owner of a trade mark except after giving the applicant or the registered owner an opportunity to be heard, if they so request within the prescribed time.

Subject to any regulation under this Ordinance, evidence in proceedings before the Registrar shall be by affidavit under section 15 of the Evidence Ordinance [New Version], 5731-1971, or by a declaration made abroad in accordance with the law of the place where it is made — unless the Registrar directs otherwise; however, the Registrar may, if the Registrar thinks fit, take oral evidence in lieu of or in addition to written evidence, and may also permit the deponent to be cross-examined.

The Registrar shall have the powers of a court to compel the attendance of a witness before the Registrar and to hear that witness's testimony.

In any proceeding before the Registrar, the Registrar may award to a party such costs as appear to the Registrar to be reasonable.

In respect of applications, registrations and other matters under this Ordinance, fees shall be paid as prescribed by Regulations.

"electronic documents" — documents under this Ordinance that are electronic messages capable of being stored electronically and of being produced as output;

"electronic message", "secure electronic signature", "certified electronic signature" — as defined in the Electronic Signature Law, 5761-2001;

"output" — as defined in the Computers Law, 5755-1995;

The Minister may, by Order, amend the Schedule.

Subject to the provisions of this Ordinance, the Registrar may, with the approval of the Minister, make Regulations, prescribe forms and do anything that appears to the Registrar to be useful for the following matters:

(Amendments to the Madrid Regulations)

1 April 2004

1 April 2007

1 January 2008

1 September 2009

1 January 2012

1 January 2013

1 January 2015

and also the amendment that will enter into force on 1 April 2016

and all amendments that the International Bureau will adopt, in the current version of the Madrid Regulations as published on the website of the World Intellectual Property Organization (WIPO — World Intellectual Property Organization).

Annex: Translations of terms appearing in the Madrid Protocol and in the Madrid Regulations

Registered owner of an international trade mark — Holder (as defined in the Common Regulations)

International application — International Application

Subsequent designation — Subsequent Designation

The International Bureau — International Bureau

The Protocol — Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks

The Madrid Agreement (Stockholm) — The Madrid Agreement Concerning the International Registration of Marks as revised at Stockholm in 1967 and as amended in 1979

Office of origin — Office of Origin

The International Register — The International Register

Party to the Protocol — Contracting Party, Contracting State, Contracting Organization

Madrid Regulations — Common Regulations Under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement