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.
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.