ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
panies register, domain name searches, general Google searches and others, depending on the relevant field) are less common but also avail - able. 4.3 Term of Registration A trade mark registration may remain valid for an unlimited period, subject to its renewal every ten years. Following the renewal deadline there is a six- month grace period in which a registration may still be renewed, subject to payment of belated renewal fees. When a mark is not renewed by the end of the grace period, it is removed from the register and may no longer be renewed. However, it is still possible to request its reinstatement due to special circumstances supported by an affida - vit, within six months of the end of the renewal grace period. A non-renewed registration which has been removed from the register, is deemed valid for an additional year after the renewal date, for the purpose of citation or opposition against a pend - ing application; unless the registrar is convinced that during the preceding two years, the trade mark has not been commercially used in good faith or that use of the pending mark is unlikely to cause confusion due to previous use of the removed trade mark. 4.4 Application Requirements Any person, local or foreign, natural or a legal entity, may apply for trade mark registration. Multi-class applications are allowed. The review of trade mark applications involves both technical and substantial aspects.
A simple signed power of attorney must be sub - mitted when filing through an agent. The official filing fees are: • for first class – ILS1,858; and • for each additional class – ILS1,397. 4.5 Use in Commerce Prior to Registration Under Israeli law it is not required that a trade mark is used before filing or even before regis - tration. However, after three consecutive years of non-use after registration, the registration may become vulnerable to cancellation, in the absence of special justifying circumstances. 4.6 Consideration of Prior Rights in Registration The Trademark Office examines pending marks on relative grounds, namely, potential conflicts with prior registrations or applications. Among others, the following marks are not eligi - ble for registration: • a mark that may deceive the public or that contains a false indication of origin, or a mark that encourages unfair competition; • a mark identical or confusingly similar to a mark already registered in the name of another owner in respect of the same goods or services or in respect of goods or services of the same description; • a mark that is identical or confusingly similar to a well-known trade mark, even if it is not registered, for goods or services for which it is well known in Israel or for goods of the same description; and • a mark which is identical or confusingly simi - lar to a well-known trade mark that has been registered as a trade mark, even for goods
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