Trademark enforcement in Israel is the process of protecting and enforcing the rights of trademark holders in Israel. The term trademark in Israel, as well as in other countries around the globe refers to a type of intellectual property that protects distinctive signs, symbols, logos, or words that are used to identify and distinguish the goods or services of one person or organization from those of others.
In order to enforce trademark rights in Israel, trademark holders should first register their trademarks with the Israeli Patent Office (ILPTO). The registration will give the holder legal protection against the unauthorized use of his/ her trademark by others. Once a trademark has been registered, the trademark holder can take legal action against anyone who uses their trademark without permission.
It should be noted that unregistered trademarks can also receive trademark protection, assuming they meet the requirements to be considered a well-known trademark.
If a trademark holder discovers that someone is using their trademark without permission, he/ she can file a lawsuit against the infringer. The lawsuit can be filed in either the District Court or the Magistrates Court, depending on the specific circumstances of the case. In most cases, if requested, the court will issue an injunction to prevent the infringer from continuing to use the trademark, assuming the legal requirements to do so have been met.
Israeli courts may also award damages to the trademark holder. These damages can help to compensate the trademark holder for any financial losses that they have suffered as a result of the infringement. Usually, the court will also order the infringer to pay the trademark holder's legal fees (based on the court's discretion, not on the actual legal fees paid).
Additionally, according to the Israeli Commercial Torts Law, the trademark holder is entitled to request from the court to have the infringer pay a sum of up to 100,000 NIS without having to prove actual damages incurred to the infringed trademark holder. That is the case in many circumstances that involve trademark enforcement in Israel, but not necessarily in every case.
The duration of a litigation case of trademark enforcement in Israel can take anywhere between 6 months to 2-3 years. Depending on many factors, that is why it may be prudent to consider effective negotiation prior to moving forward with filing a lawsuit. It is very customary in Israel to reach a settlement agreement to appease the legitimate rights of the trademark holder and protect the trademark holder from any future wrongdoing by the infringer.
The cost of trademark enforcement in Israel can be surprisingly very cost-effective due to the fact that many Israeli Intellectual Property attorneys may suggest a success-based commission that would be considered a win-win deal for the trademark holder.
On June 1, 2010, Israel joined as a member of the international treaty called the "Madrid Protocol" which enables the filing of trademarks worldwide at reduced costs in general.
The international trademark registration mechanism according to the Madrid Protocol allows the submission of an international trademark application to register their trademarks in Israel.
Overall, trademark enforcement in Israel is an important tool for protecting the rights of trademark holders in the country. By enforcing their rights, trademark holders can ensure that they are able to benefit financially from their trademarks, and can also help to prevent others from taking advantage of their reputation and goodwill.