ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
2.6 Related Rights A trade mark may also be protected by copyright law, if the conditions set by copyright law are met (eg, in the case of a unique logo). The registrar may refuse the registration of a trade mark identical or confusingly like a per - son’s name or business name, if it is likely to deceive the public or cause unfair competition. A trade mark registration will not prevent a per - son from use in good faith of their name or busi - ness name. A mark that has a picture of a person on it will not be allowed unless the consent of the person concerned has been obtained. If the person has died, the registrar will require the consent of their relatives, unless the registrar is of the opinion that there are reasonable reasons not to require this. 3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works Works eligible for copyright protection under the Copyright Act are: literary works (includ - ing works expressed in writing, lectures, tables, compilations and computer programs), artistic works (including drawings, paintings, sculptures, engravings, lithography, maps, charts, architec - tural works, photographic works and works of artistic craftsmanship including typefaces), dra - matic works or musical works. Regarding industrial designs – the Copyright Act stipulates that there will be no copyright in an industrial design as defined in the Patents and Designs Ordinance or as defined in the Designs Law, 2017-77, unless the design is not used and
goods covered in the registration, subject to conditions and disclaimers indicated therein. The Trademark Ordinance provides extra protec - tion for well-known trade marks: • A well-known mark entitles its owner to exclusive use of the trade mark in respect of the goods for which it is well known in Israel, or goods of the same description. • A well-known registered trade mark also entitles its owner to exclusive use in respect of goods which are not of the same descrip - tion, if the use by someone who is not the owner may indicate a connection between those goods and the registered owner and, consequently, the registered owner may suf - fer damages. 2.4 Use in Commerce Under Israeli law, there is no pre-registration or post-registration requirement for proving use. However, a registered trade mark that has not been in use in Israel for three consecutive years might become vulnerable to cancellation on the grounds of non-use, in the absence of special justifying circumstances. Use of a mark in a purely descriptive manner may prevent a pending application from being registered or lead to cancellation of a registered trade mark, on the grounds of descriptiveness and non-distinctiveness. 2.5 Notices and Symbols The symbols “TM” and ® may be used to indi - cate trade mark use and registration (respec - tively). Marking is not mandatory. Falsely indicating that a product is protected by trade mark registration (eg, by using the ® sym - bol), is a criminal offence.
216 CHAMBERS.COM
Powered by FlippingBook