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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Chapter IV: Registration Proceedings
Application§
17.
(a)A person claiming ownership of a trade mark in use or intended for his use who wishes to register the mark shall file with the Registrar an application therefor in the prescribed manner.
(b)An application as referred to in subsection (a) may be filed in respect of one class of goods or several classes of goods.
Division of an Application§
17a.
(a)A person who has filed with the Registrar an application as referred to in section 17(a) in respect of several classes of goods may, so long as the trade mark that is the subject of the application has not been registered pursuant to section 26, request the Registrar to divide the application into separate applications according to classes of goods, in the prescribed manner (in this section — a division request); should the Registrar decide on such a division, the date of each of the divided applications shall be the date on which the original application was filed.
(b)Where a division request is filed after the publication of the acceptance of the original application pursuant to section 23, every objection filed pursuant to section 24 against registration of the trade mark that is the subject of the original application shall be deemed to have been filed in respect of each of the divided applications, insofar as the objection relates to it.
Merger of Applications§
17b.
(a)A person who has filed with the Registrar several applications as referred to in section 17(a) for registration of the same trade mark may, so long as the acceptance of the applications has not been published pursuant to section 23, request the Registrar to merge the separate applications into one application, in the prescribed manner (in this section — a merger request).
(b)Where a merger request has been filed, the Registrar may merge the separate applications into one application if he is satisfied that both of the following conditions are fulfilled:
(1)the separate applications were filed on the same date;
(2)the person claiming ownership of the trade mark that is the subject of the separate applications is, at the time of filing the merger request, the same person.
Powers of the Registrar§
18.
(a)Subject to the provisions of this Ordinance, the Registrar may refuse an application or accept it as it stands or subject to such conditions, amendments, modifications or limitations as he may think fit to impose with respect to the manner of use or the place of use or with respect to any other matter.
(b)In the matter of an application for registration of a trade mark in respect of several classes of goods, the Registrar may require its division into several applications, and the filing date of each of the applications so divided shall be the filing date of the application that was divided.
Appeal§
19.
Where the Registrar has refused an application, his decision shall be subject to appeal before a District Court, and the Registrar shall be the respondent in the appeal.
Errors and Corrections§
20.
The Registrar may at any time correct an error in or in connection with an application, whether before or after its acceptance, or permit the applicant to correct it on such conditions as he thinks fit.
Requirement of Disclaimer§
21.
(a)Where a trade mark contains matter common to the trade or matter otherwise lacking distinctive character, and the Registrar is of opinion that the proprietor of the mark is not entitled to the exclusive use of the said matter or of part thereof, he may, in deciding whether the mark shall be registered or shall remain on the register, require as a condition thereof that the proprietor of the mark shall disclaim any right to the exclusive use of that matter or make such other disclaimer as he considers necessary for the purpose of defining the proprietor's rights under the registration.
(b)A disclaimer under this section shall affect only the rights of the proprietor of the mark arising from the registration of the mark, but not any other right of his.
Abandonment of Applications§
22.
(a)Where the applicant has not complied with a requirement of the Registrar within the time prescribed, and the Registrar has given notice to the applicant in the prescribed manner, and three months have elapsed from the date of that notice without the applicant having complied with the requirement, the Registrar may treat the application as abandoned.
(b)The Registrar may extend the time limits prescribed under this section if so requested in the manner and within the time prescribed in the Regulations and if the applicant has given reasonable grounds for the extension.
Advertisement§
23.
Where an application has been accepted, whether as it stands or subject to conditions or limitations, the Registrar shall, as soon as practicable after acceptance and in the prescribed manner, advertise the application as accepted, specifying every condition and limitation subject to which it has been accepted.
Objection§
24.
(a)Within three months from the date of advertisement, any person may give notice to the Registrar of his objection to the registration of the mark.
(a1)The following are grounds for objection to registration of a mark:
(1)there exists a reason by virtue of which the Registrar is empowered under the provisions of this Ordinance to refuse the application for registration;
(2)the opponent claims ownership of the mark.
(b)Such notice shall be given in the prescribed manner and shall set out the grounds of objection.
(c)The Registrar shall send a copy of the notice to the applicant.
(d)The applicant shall send to the Registrar, in the prescribed manner and within the prescribed time, a counter-statement setting out the grounds on which he bases his application.
(e)If the applicant does not send a counter-statement as aforesaid, he shall be deemed to have abandoned his application.
(f)If the applicant sends a counter-statement, the Registrar shall give a copy thereof to the person who gave notice of objection, shall hear the parties if so required, shall consider the evidence and shall decide whether registration is to be permitted, and on what conditions.
Appeal§
25.
(a)The Registrar's decision under section 24(f) shall be subject to appeal before a District Court.
(b)An appeal under this section shall be lodged within thirty days from the date of the Registrar's decision.
(b1)The appellant shall give notice to the Registrar of the lodging of an appeal under this section within thirty days from the date of its lodging.
(c)On the appeal the court shall, if so required, hear the Registrar and shall give judgment determining whether registration is to be permitted and on what conditions.
(d)During the hearing of the appeal any party may, in the prescribed manner or with the special leave of the court, submit additional material for the consideration of the court.
(e)The opponent or the Registrar shall not be entitled to submit grounds of objection additional to those set out by the opponent in the notice of objection, except with the leave of the court hearing the appeal; where grounds are submitted with leave as aforesaid, the applicant may, upon giving notice in the prescribed manner, withdraw his application without being ordered to pay the opponent's costs.
(f)The court may, after hearing the Registrar, permit the trade mark whose registration is applied for to be amended in a manner that does not substantially affect its identity; a mark so amended shall be advertised in the prescribed manner before being registered.
Registration§
26.
Where an application has been filed and accepted, and the time for giving notice of objection has expired without any objection having been given, or an objection has been given and decided in favour of the applicant, the Registrar shall register the trade mark, unless the application was accepted in error or the court has otherwise directed.
Date of Registration§
27.
The date on which the application for registration of a trade mark was filed shall be entered as the date of its registration.
Certificate of Registration§
28.
Where a trade mark has been registered, the Registrar shall give the applicant a certificate thereof in the prescribed form.
Competing Applications for Identical Marks§
29.
(a)Where separate applications are made by different persons to be registered as proprietors of identical or deceptively similar trade marks in respect of the same goods or description of goods, and the later application was filed before the earlier application was accepted, the Registrar may decline to proceed with either application until the rights of the applicants have been determined by agreement approved by the Registrar, and in the absence of such agreement or approval the Registrar shall decide, for reasons to be recorded, in respect of which application the proceedings under this Ordinance shall be continued.
(b)An appeal against the Registrar's decision under subsection (a) may be brought before a District Court within thirty days from the date of the Registrar's decision.
(c)The appellant shall give notice to the Registrar of the lodging of an appeal under subsection (b) within thirty days from the date of its lodging.
(d)On an appeal under subsection (b) the court shall, if so required, hear the Registrar.
Concurrent Use§
30.
(a)Where the Registrar is satisfied that there has been honest concurrent use, or that there are other special circumstances which in his opinion justify the registration of identical or similar trade marks in respect of the same goods or the same description of goods by several proprietors, he may permit such registration subject to such conditions and limitations as he thinks fit, or without conditions or limitations.
(b)The Registrar's decision under subsection (a) shall be subject to appeal before a District Court; such an appeal shall be lodged within thirty days from the date of the Registrar's decision; on the appeal the court shall have all the powers vested in the Registrar under subsection (a).
(c)The appellant shall give notice to the Registrar of the lodging of an appeal under subsection (b) within thirty days from the date of its lodging.
(d)On an appeal under subsection (b) the court shall, if so required, hear the Registrar.
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Contact Us →Chapter V: Validity of Registration and its Renewal
Period of Validity of Registration§
31.
The validity of a registration of a trade mark is ten years from the date of filing the application for registration, and thereafter the validity of the registration may be extended pursuant to the provisions of sections 32 to 35.
Renewal of Registration§
32.
Upon the application of the registered proprietor of a trade mark, made in the prescribed manner and within the prescribed time, the Registrar shall renew the registration of the trade mark in respect of all goods or classes of goods for which it is registered, or in respect of part of them, for ten years from the date of expiry of the original registration or of its last renewal (hereinafter — the date of expiry).
Notice of Expiry§
33.
(a)Before the date of expiry, the Registrar shall send to the registered proprietor, at the prescribed time and in the prescribed manner, a notice of the date on which the registration will expire and of the conditions with respect to payment of fees and other matters on which the registration will be renewed.
(b)If the fee has not been paid by six months after the date of expiry (hereinafter — the first period), the Registrar shall remove the trade mark; however —
(1)if the fee is paid within the first period, a surcharge at the prescribed rate shall be added to the fee;
(2)the Registrar may, on the application of the proprietor of the mark, if satisfied that it is just to do so, restore the registration to validity on such conditions as he thinks fit and after payment of the unpaid fees and the additional fee prescribed for that purpose, provided that the application is filed within six months of the end of the first period.
Trade Mark not Renewed§
34.
A trade mark that has been removed because the renewal fee was not paid shall nonetheless be treated, for a period of one year after the removal, as if it were a registered trade mark for the purpose of any application for registration.
Restrictions on Renewal§
35.
The provisions of section 34 shall not apply if the Registrar is satisfied that one of the following has occurred:
(1)during the two years preceding the removal of the trade mark, it was not used in good faith in the course of trade;
(2)the use of the trade mark whose registration is applied for is not likely to cause deception or confusion by reason of prior use of the trade mark that was removed.
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Contact Us →Chapter VI: Alterations and Cancellations
Amendment of Registration on Application of Proprietor§
36.
(a)The Registrar may, on the application of the registered proprietor of a trade mark, made in the prescribed manner —
(1)correct an error in his name or address;
(2)enter a change in his name or address;
(3)remove goods or classes of goods from those in respect of which the trade mark was registered;
(4)enter in relation to the trade mark a disclaimer or memorandum which does not in any way extend the rights arising from the existing registration;
(5)cancel the registration of the trade mark in the register.
(b)The Registrar's decision under subsection (a) shall be subject to appeal before a District Court, and the Registrar shall be the respondent in the appeal.
Consolidation of Several Registrations of the Same Trade Mark§
36a.
(a)The registered proprietor of several registrations of the same trade mark may apply to the Registrar to consolidate those registrations into a single registration, in the prescribed manner (in this section — application for consolidation of registrations).
(b)Where an application for consolidation of registrations has been filed, the Registrar may consolidate the separate registrations into a single registration, if satisfied that the applications for each of those registrations were filed on the same date.
(c)Where the Registrar has decided on the consolidation of registrations under this section, he shall record the consolidation in the register and shall indicate therein every particular referred to in section 4 that was recorded in respect of each of the registrations that were consolidated.
37.§
(Repealed — (תיקון מס' 5) (תיקון) תשס"ז-2007)
Amendment of Register on Application of Person Other Than Owner§
38.
(a)Subject to the provisions of this Ordinance, any person aggrieved by the omission from the Register of any entry that ought to have been made therein, or by the omission of any entry therefrom, or by any entry made therein without sufficient cause, or by any entry remaining therein wrongfully, or by any error or defect in any entry, may apply to the Registrar for rectification, in the prescribed manner.
(b)The Registrar's decision on an application under subsection (a) shall be subject to appeal before a District Court.
(b1)The appellant shall give notice to the Registrar of the filing of an appeal under subsection (b) within thirty days of the date of its filing.
(b2)In an appeal under subsection (b) the court shall, if so required, hear the Registrar.
(c)(Repealed).
(d)(Repealed).
Removal of Mark§
39.
(a)An application under section 38 for the removal of a trade mark from the Register, in respect of all or some of the goods or classes of goods for which the mark is registered, on the ground that the mark is not eligible for registration under sections 7 to 11 of the Ordinance, or on the ground that the registration of the mark creates unfair competition in relation to the rights of the applicant in Israel, shall be filed within five years from the date of issue of the certificate of registration under section 28.
(a1)Notwithstanding the provisions of subsection (a), an application for the removal of a trade mark on the ground that the application for registration of the mark was filed in bad faith may be filed at any time.
(b)Notwithstanding the provisions of subsection (a) —
(1)a trade mark of a foreign resident registered in the country of origin shall not be removed unless a condition disqualifying it from registration under the provisions of section 16 is fulfilled;
(2)a trade mark of a foreign resident that is not eligible for registration under the provisions of sections 8 to 11 and was registered pursuant to the provisions of section 16 shall be removable, on any ground disqualifying it from registration under the provisions of sections 8 to 11, at any time after it has ceased to be registered in the country of origin; nothing in this provision shall prevent the owner of the mark from proving that at the time of filing the application for removal the mark was eligible for registration had an Israel resident filed the application for its registration.
Procedure for Amendment of Register§
40.
Where the court has ordered the amendment of the Register, it shall direct the successful party to furnish notice of the amendment to the Registrar, and upon receipt of the notice the Registrar shall amend the Register in accordance with the Order.
Cancellation of Registration for Non-Use§
41.
(a)Without prejudice to the generality of the provisions of sections 38 to 40, any interested person may apply for cancellation of the registration of a trade mark in respect of all or some of the goods or classes of goods for which the mark is registered (hereinafter — the goods in respect of which cancellation of registration is sought) on the ground that there was no bona fide intention to use the trade mark in connection with the goods in respect of which cancellation of registration is sought and that in fact there has been no bona fide use of the trade mark in connection with the goods in respect of which cancellation of registration is sought, or that there has been no such use during the three years preceding the application for cancellation.
(b)The provisions of subsection (a) shall not apply if it is proved that non-use was due to special circumstances in trade and not to any intention not to use the mark, or to abandon it, in respect of the said goods.
(c)For the purposes of this section, each of the following acts shall be treated as if there were no bona fide use of a trade mark:
(1)use of the trade mark in Israel in advertising only, whether in the local press or in foreign press reaching Israel, unless there are special circumstances which justify, in the opinion of the court or the Registrar, non-use of the mark on goods manufactured in Israel or sold here;
(2)cancellation of a licence to use the mark granted under section 50 to a manufacturer in Israel, unless the licence was cancelled due to breach of conditions, or because the licensor intends to manufacture the product for the marking of which the mark is intended, or to grant the licence to another manufacturer in Israel.
(d)The application for cancellation shall be filed with the Registrar, in the prescribed manner.
(e)The Registrar's decision on an application for cancellation shall be subject to appeal before a District Court.
(e1)The appellant shall give notice to the Registrar of the filing of an appeal under subsection (e) within thirty days of the date of its filing.
(e2)In an appeal under subsection (e) the court shall, if so required, hear the Registrar.
(f)In this section, "use", in relation to a trade mark, includes —
(1)use of a registered trade mark by its owner or by the holder of a registered licence as referred to in section 50, in a form differing from the form registered in the Register in particulars that do not alter the distinctive character of the mark as registered;
(2)use by the holder of a registered licence as referred to in section 50, provided that such use is made subject to the control of the owner of the mark.
Right of Registrar to Notice of Rectification Proceedings§
42.
(a)In any legal proceeding in which the relief sought includes an alteration or amendment of the Register, the Registrar may appear and be heard, and shall be obliged to appear if the court so directs.
(b)Where the Registrar appears and is heard, he may, unless the court otherwise directs, submit to the court a statement signed by him, setting out particulars of any proceedings before him in the matter in question, or of the grounds of his decision in the matter, or of the practice and procedure customarily followed in the Office in similar matters, or of any matter relevant to the subject and within his knowledge as Registrar, as he sees fit; such a statement shall be treated as evidence in those proceedings.
Regulations Regarding Adaptation of Registrations to New Classification§
43.
The Registrar may, with the approval of the Minister, make Regulations, prescribe forms and do anything he considers useful, in order to empower himself to amend the Register, by way of entering, removing or altering a registration, to whatever extent is required in order to adapt the descriptions of goods or classes of goods in respect of which trade marks have been registered to any new or revised classification that has been prescribed.
Adaptation of Registrations§
44.
(a)In exercising the power conferred upon him under section 43, the Registrar shall not amend the Register in a manner that would add goods or classes of goods to those in respect of which a trade mark is found to be registered, whether in one class or in several classes, immediately before the amendment, or that would antedate the date of registration of a trade mark in respect of certain goods.
(b)The provisions of subsection (a) shall not apply if the Registrar is satisfied that the goods in question are such that compliance with those provisions would cause unreasonable complication, and that the addition or antedating does not relate to a substantial quantity of goods and does not substantially affect the rights of any person.
Procedure for Adaptation of Registrations§
45.
(a)The Registrar shall send to the registered owner of the trade mark concerned a notice of his proposal to amend the Register by virtue of his power under section 44, and the registered owner shall be entitled to appeal against it before a District Court, with the Registrar being the respondent in the appeal; notice of the proposed amendment, together with the changes therein, shall be published.
(b)Any person who considers himself aggrieved by the proposed amendment may file his objection with the Registrar, on the ground that it is contrary to the provisions of section 44, and the Registrar's decision on such an objection is subject to appeal before a District Court.
(c)The appellant shall give notice to the Registrar of the filing of an appeal under subsection (b) within thirty days of the date of its filing.
(d)In an appeal under subsection (b) the court shall, if so required, hear the Registrar.
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