Trademarks

‘Trademarks’ are designed to protect a company’s reputation. According to the language of the Israeli law: “‘mark’ – letters, numbers, words, figures, other signs or the combination of such or other in two or three dimensions … ‘trademark’ – a mark used, or intended to be used, for a person for the purpose of the goods he produces or for trade. ” That is, ‘trademarks’ are meant to protect a company’s reputation for certain types of goods. Trademarks are filed in relations to types of goods, and each trademark is filed for a certain type of goods. Visual marks and even acoustic marks can be trademarks. Even if there are several products that look alike, and one of them has a logo, identified with a certain reputation, the public will be willing to pay more for the goods, as they identify the brand and its reputation with the perception of the quality of the product bearing the logo.

In trademarks, the first filer of the trademarks is not necessarily the one who gains the spoils, the name of the game is recognition. The better reputation and recognition a brand has, the better its protection will be.

Trademark life

Here, too, it is possible to file an initial trademark in the ‘country of origin’ and after a period of up to 6 months to file it in other contracting country of the treaty. The date of application for a trademark in one country will be recognized by the other contracting countries as the date of application in their country, if the application is filed in the other country within six months of filing in the first country. For example, if an Israeli inventor submits the initial application for a trademark in Israel, and then submits the application for a trademark in the United States, within six months of the initial filing, the U.S. will recognize the priority of the Israeli application for the application filed in the U.S., even if the actual submission date in the U.S. is later.

After submitting an application for a trademark, the mark undergoes an ‘examination’. If the mark passes the exam successfully, it will be approved and certified as a “registered” trademark. The less generic and the more original the trademark, the higher the chances of having the trademark approved. For example: the “best food” mark has a low chance of being approved.

The Madrid Convention for Trademarks

According to the Madrid Convention, a trademark may be filed in several contracting countries simultaneously, on the basis of the initial submission in one country, without the need to rely on local associates. Using the Madrid Convention actually simplifies the procedure for registering trademarks in a number of contracting countries. That is, the Madrid Convention has made the registration of trademarks easier, simpler, and cheaper.

Trademark Practice

Pros: There is an infinite time span protection for a trademark as long as the renewal fees are paid on time. Each country has its own practices regarding the payment of renewals. In Israel, the renewal of the trademark must be paid every 10 years.

Disadvantages: In some countries the use of trademarks must also be declared.

The TM (TradeMark) sign can be added to trademarks intended for commercial use even before they are filed for registration. The TM sign can provide limited protection under certain conditions.