This Ordinance, comprising 72 sections, establishes a comprehensive trademark system governing the registration, protection, transfer, international recognition, enforcement, and cancellation of trademarks, while protecting consumers from deception and safeguarding the commercial goodwill of trademark owners. The main provisions concern (i) the establishment of a public Register of Trademarks maintained under the authority of the Registrar. Public access to the Register promotes transparency and legal certainty regarding trademark rights; (ii) conditions for registration, providing that only marks capable of distinguishing one trader’s goods or services from those of others may be registered. The Ordinance excludes deceptive, immoral, misleading, non-distinctive, or conflicting marks, including marks that infringe well-known trademarks or misuse geographical indications; (iii) registration procedures providing a structured and fair process for acquiring trademark rights; (iv) the rights of trademark proprietors and licensing for the use of a trademark in respect of the registered goods or services. Well-known trademarks receive enhanced protection, including, in certain circumstances, against use in relation to unrelated goods; (v) the implementation of international trademark protection mechanisms, including priority claims under international agreements and the Madrid System for international registration; and (vi) criminal offences and penalties to combat trademark counterfeiting and commercial fraud.
Израиль · 1972-01-01