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Israel : What is the Level of Similarity Needed to Win a Trademark Opposition?

In Israel, third parties can oppose the registration of a trademark within three months of publication by filing a trademark opposition against the requested mark. The mark will proceed to registration if no opposition is filed.

The opposer must prove that there is a likelihood of confusion between the requested mark and the opposer’s mark in order to win a trademark opposition.

To pass that bar, what level of similarity is required?

Based on reviewing several trademark opposition decisions rendered in Israel for the past two years, we have noticed that to win a trademark opposition in Israel, the opposer must show a substantial likelihood of confusion.

Even a strong similarity may not suffice. Compared to trademark systems in other countries, the standard of similarity is quite high. 

Furthermore, the Legal Expenses usually ruled by the Trademark Registrar are minimal and don’t cover the actual legal expenses the opposer has to pay during the opposition process.


The Legal Expenses usually ruled by the Trademark Registrar are minimal and don’t cover the actual legal expenses

Therefore, before filing an opposition to a trademark in Israel, it is recommended to assess the chances of success.

The table below shows the surprising results of several trademark opposition proceedings over the past two years.

Would the following oppositions be acceptable in your country? Let us know what you think.  Contact Us. 

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Is There a Likelihood of Confusion Between EZ and EZ PUT?

We are happy to inform you of a great win of our firm in a trademark opposition case.
One of the questions reviewd in this case is whether merchandise of a rapper constitute trademark use beyond his music services?

EZ, An Israeli rapper singer has opposed our client’s trademark application EZ PUT, a company that sells mobile phone accessories (class 9). The rapper claimed that the mark EZ PUT is confusingly similar to his mark, registered in class 41, that his mark is well known and should gain a wider protection based on his sales of merchandise of shirts and hats.

EZ PUT claimed that there is no likelihood of confusion, that both marks have a different design, style and meaning, that his mark is not well known and that there is no material connection between music services and mobile accessories.

EZ PUT has also claimed that the sale of the fasion merchandise cannot considered as valid trademark use in other classes beyond the music services.

The TM Registrar rejected the opposition entirely while fully accepting EZ PUT claims including the use of merchandise claim:

“A man who purchase a shirt with the name METALLICA doesn’t do so beacause the sign of the band shows the quality or origin of the shirt, but to convey the symbols of the band on his chest as a cultural massage and to show his musical preferences”

EZ PUT was represented by Yossi Sivan – Law Firm