Are U.S. Trademarks in Israel Even a Thing
Why would U.S. Trademarks in Israel even be an issue? Why should an American company even have any concern about protecting its brand in Israel, its greatest ally in the Middle East? Some details:
- Like the countries in which they are registered, trademarks have territorial boundaries and when filed, pertain only to those locales. A United States trademark is valid only in the United States and that protection does not become global and has no jurisdiction anywhere else, just because a product is exported and sold elsewhere.
- Each country to which a product or products are to be shipped for sales purposes will require a proper application and trademark registration in that country, according to its laws, rules, and regulations.
- In almost every case, each country that is foreign to the United States has its own trademark registration law and this includes Israel.
- Whoever registers the product or idea will absolutely have to apply for trademark registration in that country, meet all that country’s requirements and comply accordingly.
- Under the U.S. Trademark Act of 1946, trademarks are highly territorial. In other words, one needs to do trademark searches and file them in each country where protection is sought, to ensure that the desired trademark has not already been taken. That being said, if one is the proven and valid owner of a pending trademark application, filed with the U.S. Patent and Trademark Office (U.S.P.T.O.), or of a registration issued by the U.S.P.T.O., he or she may also file for registration in any country or countries that joined the Madrid System/Protocol, which is the primary international system that facilitates trademark registration in multiple jurisdictions globally.
- this would involve filing a single, international application, with the International Bureau of the World Property Intellectual Organization (W.I.P.O.), through the U.S.P.T.O.
- As of April 2014, U.S. applicants can seek protection in up to 92 countries, simultaneously
- Many countries outside of the United States will also charge maintenance fees for registering the trademark.
Are Trademark Laws in Israel the Same as U.S. Trademark Laws
Whereas any and all rights granted and protected in the United States should be assumed and presumed feckless in any other country, any party who seeks protection of his or her intellectual property outside of the United States, will have to learn and comply with all local regulations that apply to that foreign country.
What of Trademark Laws in Israel
The relatively young State of Israel has an intellectual property office or bureau, called the Israeli Trademark Registrar. The proceedings therein are very similar but by no stretch of the imagination identical to, civil court proceedings.
What Do You Need to Know?
- You must familiarize yourself with the Israeli Trademark Law and the entire system of registering a U.S. trademark in Israel, even if it is a U.S. Trademark.
- Unless you plan on studying Israeli law, you would be well advised to seek proper counsel.
- A licensed lawyer who, in the best-case scenario, can also explain everything in a language you can understand, would be the wisest choice. The law firm of David Page can meet all your legal needs in registering your U.S. product and Trademark in Israel.
- Your lawyer’s due diligence must also include a careful check that there is no opposition to the registration of your U.S. Trademark in Israel or any other country. Your trademark registration could be denied or revoked if it is already registered and in use by any other entity.