What is a Trademark Opposition ?
In Israel, a trademark opposition is a legal proceeding initiated by a third party who challenges the registration of a trademark.
The opposition can be filed with the Israeli Trademark Office within three months of the publication of the trademark application in the Official Gazette.
The opposition can be based on several grounds, including:
- Likelihood of confusion with an existing trademark
- Lack of distinctiveness or descriptiveness
- Deceptiveness or misleading nature of the trademark
- Conflict with public order or morality
The trademark owner has the opportunity to respond to the opposition, and the parties can provide evidence and arguments to support their positions.
The decision is made by a trademark Registrar after considering all the evidence and arguments presented by both parties.
How to File a Trademark Opposition in Israel ?
The opposition must be filed within three months from the date of publication of the trademark application in the official Trademark Gazette. The opposition can be filed electronically through the Israel Patent Office’s online filing system or by submitting a paper form.
After the applicant receives the opposition, they may choose to file a counter-statement within two months, in which they respond to the grounds of opposition.
Evidence and Hearings: After the counter-statement is filed, the parties may submit evidence and attend a hearing.
Decision: The Israel Patent Office will then issue a decision, which can be appealed to the Israeli courts.
If the opposition is successful, the trademark application will be rejected, and the trademark owner will not be able to register their trademark. If the opposition is unsuccessful, the trademark registration will proceed, and the trademark owner will have exclusive rights to use the trademark in Israel.
It is recommended to consult with a trademark attorney who is familiar with the legal requirements and procedures for opposing a trademark in Israel.