Our firm handles the field of intellectual property both in the field of protection by statutory registration and in the field of litigation in case of infringement of intellectual property rights. In both areas, our firm operates in fruitful cooperation with the Luzzatto firm, Luzzatto, one of the leading firms in Israel and in the world in the field of intellectual property and patent registration. In this list we will focus on the protection of one of the areas of intellectual property - trademark.
A trademark is a mark used or intended to be used by a person for the purpose of the goods he produces or trades in them. A trademark can be there and can be a visual mark.
The purpose of the trademark is to create an identity between a mark and the manufacturer or a specific source of goods, in such a way that consumers know how to identify the source of the goods or service according to the mark. Registration of a trademark gives its owner a monopoly on its use while expropriating the mark in its commercial context from the public domain. Using a trademark without the permission of the owner of the mark (violation), also constitutes a criminal offense punishable by imprisonment for up to 3 years in addition to the civil claim for damages.
The Trademark Ordinance [1] sets definitions and held for trademark registration. A person seeking a unique right to use a particular mark as a trademark may request registration of the mark. The sign can be letters, numbers, words, and a combination of these, as well as, sounds, smells, and even three-dimensional signs.
The main requirement for the trademark's eligibility for registration under the Ordinance is that the mark is distinctive in nature. That is, it must distinguish between the goods of the mark holder and the goods of others. With respect to a three-dimensional mark, (for example: the Tobelron triangle, or the toffee shape of the toffee) it has been determined that the shape of a three-dimensional trademark of a kosher product is only when the distinctive character is acquired and an inherent distinctive character is not sufficient. The ruling further states, [2] that a form with a functional value is not eligible for registration. The ordinance enumerates a list of marks that are not eligible for registration such as marks of national, governmental, state, religious significance, marks that may infringe on public policy or its feelings, misleading marks, marks and of geographical significance.
The trademark is registered for a particular type of goods and is limited to the type of goods in question. For example, when a lingerie company sought to use the registered name as a trademark of a beverage, the court [3] held that the great difference between lingerie products and the beverage prevents danger. Misleading even if it is a similar or identical name.
While it is definitely advisable to register a trademark in order to protect it, the law can buy protection for the trademark owner even if it is not registered. The law also recognizes a "well-known trademark" - a trademark that is well-known in Israel as a human-owned mark as a result of marketing efforts, even if this mark is not registered in Israel. Such a mark entitles its owner to a unique use of the mark and a claim for infringement against the user even if he is not registered in Israel.
[1] Trademarks Ordinance [New Version] 1972
[2] AA 3776/06 Ein Gedi Cosmetics Ltd. v. Registrar of Designs Patents and Trademarks. (Not published)
[3] DNA 10639/06 Tea board india v. delta lingerie s / a / of cachan france (unpublished). Among consumers of clothing products The bottom can also be tea consumers, but in general, the consumer audience for which the goods bearing the requested mark are intended is not the same consumer audience of the appellant, and the products are not sold in the same stores, as in the Cardi case )