ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
that are not identical or of the same descrip - tion, if the use of the mark by someone other than its owner may indicate a connection between the aforementioned goods and the owner of the registered mark, and the owner of the registered mark may be harmed as a result of said use. 4.7 Revocation, Change, Amendment or Correction of an Application The registrar will allow the following corrections and amendments in a trade mark application or registration upon request by the applicant or registrant: • the correction of a mistake in the applicant’s name or the applicant’s address; • making a change to the list of goods and ser - vices that does not expand the description; • adding a disclaimer or notification that does not expand the rights conferred by the regis - tration; • voluntary cancellation of the trade mark appli - cation or registration; and/or • consolidation of several registrations of the same mark, which were all filed on the same date. Generally, as long as a trade mark is not yet registered, whether already allowed or not, the registrar may correct a mistake in the pending application, including insubstantial details in the mark itself. 4.8 Dividing a Trade Mark Application A trade mark applicant may request to divide the application according to the classes included in the application. Each of the applications which survives the division will be considered as filed on the same date as the original application.
A typical situation in which a trade mark appli - cant may request a division of the application is when a citation or an opposition is more relevant to some of the classes included in the applica - tion than to others. If ownership has been transferred with regard to some of the goods for which a trade mark is registered or pending, the registrar will divide the trade mark registration/application into separate registrations/applications. 4.9 Incorrect Information in an Application Whoever is harmed by the fact that a certain entry was not recorded in the register or was omitted from it, or was recorded in it without sufficient reason, or remained in it illegally, or an error or defect occurred in it, may submit to the registrar a request for correction (including total cancellation), in the prescribed manner. The registrar’s decision on such a request is sub - ject to appeal before a district court. Registered trade marks may be cancelled upon requests by third parties on the same grounds available in opposition, within five years after registration. There is no time limit to cancella - tion on the grounds of filing in bad faith. Providing the registrar with false information in connection with a trade mark application is a criminal offence. 4.10 Refusal of Registration Registration may be refused on absolute grounds that generally pertain to characteristics inherent in the trade mark itself. The following marks are not eligible for registra - tion:
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