TM Opposition

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 thrilled to share with you the fantastic victory our firm achieved in a recent trademark opposition case. The case centered on the use of a rapper’s merchandise in connection with his trademark, and whether it constituted use beyond his music services.

Our client, EZ PUT, a company specializing in mobile phone accessories, had their trademark application opposed by Israeli rapper, EZ, who claimed that the mark was too similar to his own, well-known mark in the music services category. EZ argued that his sales of shirts and hats with his trademark should broaden the protection of his mark.

However, EZ PUT countered that there was no likelihood of confusion between the two marks, citing differences in design, style, and meaning. They also contested that EZ’s trademark was not widely known and that the sale of fashion merchandise did not constitute valid trademark use outside of music services.

The TM Registrar ultimately dismissed the opposition, fully accepting EZ PUT’s arguments, including their use of the merchandise claim. As the Registrar noted, the purchase of a shirt with a band’s name is not meant to convey the quality or origin of the shirt, but to express the wearer’s musical preferences and cultural identity.

Our client was expertly represented by Yossi Sivan – Law Firm, and we are honored to have been a part of this successful outcome.