Trade Marks & Copyright 2025

ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group

firm that the recording of the licence is unlikely to mislead the public, to the best of their knowl - edge and understanding. When applying to record an authorised user, the following documents are required: a power of attorney from the licensor; a power of attorney from the licensee; the licence agreement or a certified copy. Assignment An assignment should be recorded in the Trade - mark Register. It is recommended that change of ownership should be recorded as soon as possible. Non-registered users Use by a non-registered user might present a serious problem when the use concerned is exclusive (or if there are several users, none of whom is the registered owner of the mark or recorded as an authorised user). In such a case, after three consecutive years from the registration date, the trade mark registration might become vulnerable to cancellation on the grounds of non-use, despite the use by the non- recorded user(s). A mark may even lose its distinctive character as a result of prolonged use thereof by a non- recorded user. This follows from the old English authorities regarding use by a non-registered licensee. Moreover, the Israeli Supreme Court has applied an even broader reading of this sec - tion, by refusing to hold valid a licence which had not been registered. In said judgment it was held that where the parties to a licence agreement do not intend to register same, the agreement is deemed illegal. Such an agreement may not be enforced, nor can a cause of action be based thereon.

7. Initiating Trade Mark and Copyright Lawsuits 7.1 Timeframes for Filing Infringement Lawsuits In copyright and trade mark matters there is no special limitation period. These matters are therefore subject to the general statute of limi - tations, which sets a limitation period of seven years. In addition, copyright infringement claims are subject to equitable defences, such as lach - es (undue delay). However, Israeli jurisprudence has recog - nised the “continuing infringement” doctrine. Accordingly, a continuous infringing act creates renewed causes of action. It is therefore possible to claim remedies for the period of the violation that occurred during the seven years preceding the date of filing the claim. Every day the viola - tion continues creates a new cause of action, which restarts the counting of time under the statute of limitations. 7.2 Legal Claims for Infringement Lawsuits and Their Standards Trade Mark Infringement To establish trade mark infringement, the owner of a registered trade mark needs to prove the unauthorised use of its registered trade mark or of a similar trade mark with respect to the same goods or services, or with respect to goods or services of the same description. The owner of a registered and well-known trade mark may support an infringement action on the basis of the unauthorised use of its trade mark or

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