1 Trade Marks Ordinance [New Version] 5732-1972 
Full and Up to Date Version 
___________________________________________________ _______________________ 
 
 
TRADE MARKS ORDINANCE [NEW VERSION], 5732-1972 
 
 
TABLE OF CONTENTS 
 
 CHAPTER ONE: INTERPRETATION 
  
Section 1 Definitions  
Section 2 Applicability of provisions to service marks    
Section 3 Provisions as to certification mark and collective mark 
  
 CHAPTER TWO: REGISTER OF TRADE MARKS 
  
Section 4 The Register and its contents  
Section 5 The Registrar  
Section 5A  Assignment of judicial functions and vesting of pow ers   
Section 6 Register to be open to the public 
  
 CHAPTER THREE: ELIGIBILITY FOR REGISTRATION 
  
Section 7 Exclusive right to trademark  
Section 8 Marks eligible for registration  
Section 9 Limitation to certain colors  
Section 10  The scope of registration   
Section 11  Marks ineligible for registration  
Section 12  Mark identical with name of other person  
Section 13  Name or description of goods  
Section 14  Registration of certification mark  
Section 15  Registration of collective mark  
Section 16  Registration of marks registered abroad 
  
 CHAPTER FOUR: REGISTRATION PROCEEDINGS 
  
Section 17  Application  
Section 17A  Division of the application  
Section 17B  Consolidation of applications  
Section 18  Powers of the Registrar  
Section 19  Appeal  
Section 20  Errors and corrections  
Section 21  Requirement of disclaimer  
Section 22  Cancellation of applications  
Section 23  Advertisement  
Section 24  Objection  
Section 25  Appeal   2 Section 26  Registration  
Section 27  Date of registration  
Section 28  Certificate of registration  
Section 29  Rival claims to identical marks  
Section 30  Concurrent use  
  
CHAPTER FIVE: DURATION AND RENEWAL OF 
REGISTRATION 
  
Section 31  Period of validity of registration  
Section 32  Renewal of registration  
Section 33  Notice of expiration  
Section 34  Un-renewed trademark  
Section 35  Restrictions on renewal 
  
 CHAPTER SIX: CHANGES AND CANCELLATIONS 
  
Section 36  Change in registration at proprietor’s request  
Section 36A  Consolidation of several registrations of same trad emark  
Section 37  Repealed  
Section 38  Rectification of Register on application of person who is not the 
proprietor   
Section 39  Removal of mark  
Section 40  Procedure for rectification of the Register  
Section 41  Cancellation of registration on grounds of non-use  
Section 42  Registrar to have notice of proceeding for rectific ation  
Section 43  Regulation as to adaptation of entries to new class ification  
Section 44  Adaptation of entries  
Section 45  Procedure for adaptation of entries 
  
 CHAPTER SEVEN: RIGHTS OF PROPRIETOR OF TRADE MARK 
  
Section 46  Right to exclusive use   
Section 46A  Exclusive use of well-known trademark  
Section 46B  Protection of trademarks at exhibitions  
Section 47  Saving of genuine use  
Section 48  Transfer of trademark  
Section 49  Registration of transfer  
Section 50  Authorization to use mark  
Section 51  Application  for registration of authorization  
Section 52  Variation and cancellation of registration of autho rization  
Section 52A  Continuation of use of trademark  
Section 53  Right of appeal 
  
 CHAPTER EIGHT: REGISTRATION OF FOREIGN TRADE MARKS  
  
Section 54  Protection by virtue of mutual agreement  
Section 55  Priority rule  
Section 56  Filing of application   3 Section 56A  Definitions  
Section 56B  The Registrar as the office of origin  
Section 56C  Filing of an international application or for subse quent designation  
Section 56D  Registrar’s notification to international bureau  
Section 56D1  Correction of error in international application or  for subsequent 
designation   
Section 56E  Applicability of provisions of Ordinance to Israel- designated 
applications   
Section 56F  Notice of refusal or filing of objection   
Section 56G  Registration of international trademark  
Section 56H  Notice of final decision as to objections  
Section 56I  International trademark in lieu if national tradema rk  
Section 56J  Applicability of provisions of the Ordinance to int ernational trademarks  
Section 56K  Notice of removal or cancellation of international trademark  
Section 56L  Consequences of removal or cancellation in the inte rnational register  
Section 56M  Conversion of international trademark to national t rademark 
  
 CHAPTER NINE: INFRINGEMENT 
  
Section 57  Action for infringement  
Section 58  Usages to be evidence  
Section 59  Relief  
Section 59A  Additional relief 
  
 CHAPTER TEN: PENALTIES 
  
Section 60  Penalties  
Section 61  Injunction  
Section 62  Order for forfeiture or destruction  
Section 63  False representation of mark 
  
 CHAPTER ELEVEN: TRIAL, EVIDENCE AND PROCEDURE 
  
Section 63A  Appeal against other decision of Registrar  
Section 63B  The relevant District Court  
Section 63C  Appeal against judgment or other decision of the Di strict Court  
Section 64  Registration to be evidence of validity  
Section 65  Registrar’s Certificate  
Section 66  Hearing of Applicant  
Section 67  Evidence before the Registrar  
Section 68  Powers of the Registrar with regard to witnesses   
Section 69  Costs  
Section 69A  Giving notice to the Director if Customs 
   4  
 CHAPTER TWELVE: FEES AND REGULATIONS 
  
Section 70  Fees  
Section 71 Implementation and Regulations  
Section 71A Variation of the Schedule  
Section 72 Regulations by Registrar  
 
  5 TRADE MARKS ORDINANCE [NEW VERSION], 5732-1972 * 
 
 
Chapter One: Interpretation 
 
Definitions 1.  In this Ordinance -  
  “Mark” – means letters, numerals, words, devices o r other signs or 
combinations thereof, whether two-dimensional or th ree-dimensional; 
  “Trademark” – means a mark used, or intended to be  used, by a person 
in relation to goods he manufactures or deals in; 
(Amendment No.5) 
5763-2003  “International trademark” – means a trademark regi stered in the 
International Register, in accordance with the prov isions of the Madrid 
Protocol and Regulations; 
(Amendment No. 5) 
5763-2003  “International trademark Registered in Israel” – m eans a national 
trademark that is also a registered trademark, regi stered in accordance 
with notice that the Registrar has received pursuan t to Section 56E; 
(Amendment No. 5) 
5763-2003  “National trademark” – means a registered trademar k registered in 
accordance with an application under Section 17; 
(Amendment No. 1) 
5750-1999  “Well known trademark” – means a mark that is well  known in Israel as 
a mark whose proprietor is a citizen of a Member St ate, a permanent 
resident thereof or who has an active industrial bu siness enterprise, and 
even if the mark is not a trademark registered in I srael, or is not used in 
Israel; in relation to determination of a trademark  as a well known 
trademark in Israel, there shall be taken into acco unt inter alia  the 
extent to which it is recognized as a result of the  marketing endeavors; 
(Amendment No. 5) 
5763-2003  “Registered trademark” – means a trademark registe red in the Register 
of Trademarks, under the provisions of this Ordinan ce and is a National 
Trademark or an International Trademark registered in Israel; 
  “Service mark” – means a mark used, or intended to  be used, by a 
person in relation to a service rendered by him; 
  “Certification mark” – means a mark intended to be used by a person, 
other than a person carrying on a business, to cert ify the origin, 
components, mode of manufacture, quality or any oth er characteristics 
                                                 
* Published in Laws of the State of Israel [New Vers ion] No.26 dated 1.6.72 Page 511 
Amended Principal Legislation 5760 No.1721 dated 30 .12.1999 Page 48 – Amendment No.1 
 Principal Legislation 5761 No.1756 dated 23.11.200 0 Page 9 – Amendment No.2 
Principal Legislation 5761 No.1849 dated 13.6.2002 Page 424 (Bills 5760 No.2877 Page 397) – 
Amendment No.3 in Section 3 of the Intellectual Pro perty Amendment Law (Legislative Amendments) 
5762-2002; see Section 5 regarding coming into effe ct and temporary provision. 
Principal Legislation 5763No.1867 dated 3.11.2002 P age 7 (Bills 5762 No.3163 page 854) – Amendment 
No.4 in Section 2 of the Operation and Broadcasting   and Trade Marks Rights (Criminal Liability) 
(Legislative Amendments) Law, 5763-2002 
Principal Legislation 5763 No.1902 dated 6.8.2003 P age 556 (Government Bills 5763 No.34 Page 492) – 
Amendment No. 5; see Section 25 of the amendment re garding coming into effect (effective from 1.9.2010 : 
Government Notices 5770 No.6108 dated 15.7.2010 Pag e 3899) 
Amended Principal Legislation 5767 No.2089 dated 27 .3.2007 Page 151 (Government Bills 5766 No.245 
Page 504) – Amendment No.5 (Amendment) in Section 7  to Amendment No. 6 
Principal Legislation No.2089 dated 27..3.2007 Page  150 (Government Bills 5766 No.245 Page 504)  - 
Amendment No.6 
Principal Legislation No.2246 dated 7.7.2010 Page 7 62 (Government Bills 5770 No.477 Page 212) – 
Amendment No.7; see Section 17 regarding coming int o effect.      6 of goods in which he is interested, or to certify t he nature, quality or 
type of a service in which he is interested; 
  “Collective Mark” – means a trademark or service m ark belonging to a 
body of persons interested in the goods or service which the mark is 
intended to designate, and used, or intended to be used, by the members 
of that body in respect of such goods or service; 
  “Infringement” – means the use by a person not ent itled thereto –  
(1)  of a Registered Trademark or of a mark resembl ing such a 
trademark, in relation to goods in respect of which  the trademark is 
registered, or to goods of the same description; 
(2)  of a Registered Trademark in advertising goods  of a class in respect 
of which the mark is registered, or goods of the sa me description; 
(Amendment No. 1)  
5750-1999  (3)  of a well known trademark even if it is not a  registered trademark, 
or a mark so resembling it that it could be mislead ing in relation to 
goods in respect of which the mark is recognized or  in respect of goods 
of the same description;  7  
(Amendment No. 1)  
5750-1999  (4)  of a well known trademark that is a registere d trademark, or a 
mark resembling it, in respect of goods that are no t of the same 
description, and provided that such use of it could  indicate a 
connection between the said goods and the Proprieto r of the Registered 
Trademark, and the Proprietor of the Registered Tra demark is liable to 
be adversely affected as a result of such use; 
  “Union State” – means a State which is a member of  the Union for the 
Protection of Industrial Property under the Paris C onvention for the 
Protection of Industrial Property, and includes ter ritories to which the 
Convention has been extended under Article 16 bis  of the Convention; 
(Amendment No. 1)  
5750-1999  “World Trade Organization” – means the World Trade  Organization 
which was established under a treaty signed in Marr akesh on April 15 
1994; 
  “Member State” – means a Union State or a state th at is a member of 
the World Trade Organization; 
(Amendment No. 1)  
5750-1999  “Geographical Marking” – means a marking that iden tifies goods in 
Israel as goods originating in a certain geographic al area that is a 
member state, area or region thereof, if it is poss ible to attribute a 
certain characteristic, nature or reputation of suc h goods, in particular 
to the fact that they originate in such geographica l area; 
(Amendment No. 5) 
5763-2003 
  “The Minister” – means the Minister of Justice. 
Applicability of 
provisions to service 
marks 2. Save as otherwise provided, the provisions of th is ordinance which 
apply to trademarks shall apply mutatis mutandis to service marks, and 
every reference in this Ordinance to a trademark or  to goods, as well as 
a service by implication, shall be deemed to includ e a service mark or 
a service. 
 
Provisions as to 
certification mark 
and collective mark 3. Subject to the provisions of Sections 14 and 15,  a certification mark 
and a collective mark shall be treated like a trade mark and a service 
mark, and every reference in this Ordinance to a tr ademark or to a 
service mark shall be deemed to include a certifica tion mark and a 
collective mark. 
 
  Chapter Two: Register of Trademarks 
 
Register and 
contents thereof 4. There shall be kept for the purposes of this Ord inance a Register for 
the registration of trademarks (hereinafter referre d to as “the 
Register”).  Registration shall be according to the  following 
particulars: 
(1)  The name, address and occupation of the propri etor of the mark; 
(2)  Notifications of assignments, transmissions an d authorizations; 
(3)  Disclaimers; 
(4)  Conditions and limitations; 
(Amendment No. 1)  
5750-1999  (4A) In relation to an International Trademark reg istered in Israel – a 
notation of it being an International Trademark; 
(5)  Any such other detail relating to registered t rademarks as may be 
prescribed.  8  
The Registrar 
(Amendment No. 5)  
5763-2003 5. The Minister shall appoint a Registrar of Tradem arks (hereinafter 
referred to as “The Registrar”), under whose contro l the Register shall 
be kept. 
 
Assignment of 
judicial functions 
and vesting of 
powers 
(Amendment No. 2) 
5761-2000 5A  (a)  The Minister may assign to a civil servant who  is a qualified 
attorney the function of a District Judge (hereinaf ter – Intellectual 
Property Adjudicator) to fulfill such judicial func tion as the Registrar 
fulfills, or that the Registrar is empowered to or authorized to 
undertake pursuant to the provisions of this Ordina nce, with the 
exception of the power to make regulations under Se ctions 42 – 45 and 
72, and if such a function is assigned to the Deput y Registrar of 
Patents, he shall be deemed, for the purposes of fu lfilling such 
function, to be an Intellectual Property Adjudicato r. 
 
(b)  An Intellectual Property Adjudicator to whom a  function has been 
assigned as provided in subsection (a) shall fulfil l such function in 
accordance with the provisions of this Ordinance an d there shall be 
vested in him, for the purpose of performance of hi s function, such 
powers as are vested in the Registrar in this Ordin ance. 
 
(c)  Any action duly taken by an Intellectual Prope rty Adjudicator to 
whom a function has been assigned as aforesaid in s ubsection (a) shall 
be treated – for the purposes of this Ordinance, as  an action taken by 
the Registrar. 
 
Register to be open 
to the public 6. (a)  The Register shall at all convenient times be open for inspection 
by the public in accordance with regulations. 
 
(b)  A certified copy of any entry shall be given t o any person 
requesting the same, on payment of the prescribed f ee. 
 
  Chapter Three: Eligibility for Registration 
 
Exclusive right to 
trademark 7. A person desirous of having the exclusive right to use some mark as a 
trademark may apply for the registration of such ma rk under the 
provisions of this Ordinance. 
 
Marks eligible for 
registration 8. (a)  No mark is eligible for registration as a t rademark unless it is 
adapted to distinguish the goods of the proprietor of the mark from 
those of other persons (a mark so adapted being her einafter referred to 
as a “distinctive mark”). 
 
(b)  In determining whether a trademark is distinct ive, the Registrar or 
the Court may, in the case of a trademark in actual  use, take into 
consideration the extent to which such use has rend ered such 
trademark in fact distinctive for goods in respect of which it is 
registered or intended to be registered. 
  9  
Limitation to certain 
colors. 9. A trademark may be limited in whole or in part t o one or more 
specified colors, and in such a case the fact that it is so limited shall be 
taken into consideration by the Registrar or Court having to decide as 
to the distinctive character of such trademark. If and so far as a 
trademark is registered without limitation of color , it shall be deemed 
to be registered for all colors. 
 
The scope of 
registration 10.  (a) A trademark must be registered in respect of pa rticular goods or 
classes of goods. 
 
(b)  Any question as to the class within which any goods fall shall be 
determined by the Registrar, whose decision shall b e final. 
 
Marks ineligible for 
registration 11.  The following marks are not eligible for registrati on: 
(1)  A mark referring to some connection with the P resident of the 
State or his household or to presidential patronage  or a mark from 
which any such connection or patronage might be inf erred; 
(2)  Flags and emblems of the State or its institut ions, flags and 
emblems of foreign states or international organiza tions, and any mark 
resembling any of these; 
(3)  Public armorial bearings, official signs or se als used by any State 
to indicate control or warranty, and any sign resem bling any of these 
and any sign from which it might be inferred that i ts proprietor enjoys 
the patronage of or supplies goods or renders servi ces to a head of 
State or a Government, unless it is proved to the R egistrar that the 
proprietor of the mark is entitled to use it; 
(4)  Marks in which the following words appear – “p atent”, “patented”, 
“by royal letters patent”, “registered”, “registere d design”, 
“copyright”, “to counterfeit this is forgery” or wo rds to like effect; 
(5)  Marks which are or may be injurious to public policy or morality; 
(6)  Marks likely to deceive the public, marks whic h contain false 
indications of origin and marks which encourage unf air trade 
competition; 
(Amendment No. 1) 
5760-1999  (6A) A mark containing a geographical marking in r elation to goods 
that do not originate in the geographical area indi cated, or a 
geographical marking that could be misleading in re lation to the 
genuine geographical area of the origin of the good s; 
(Amendment No. 5)  
5763-2003  (6B)  A mark containing a geographical marking tha t is verbally 
correct but contains a false representation to the effect that the goods 
originate in another geographical area; 
(7)  Marks identical with or similar to emblems of exclusively 
religious significance; 
(8)  A mark on which the representation of a person  appears, unless the 
consent of such person has been obtained; in the ca se of the 
representation of a deceased person, the Registrar shall request the 
consent of his survivors unless, in his opinion, re asonable grounds 
exist for not doing so; 
(9)  A mark identical with one belonging to a diffe rent proprietor, 
which is already on the register in respect of the same goods or  10  description of goods, or so nearly resembling such a mark as to be 
calculated to deceive; 
(10)  A mark consisting of numerals, letters or wor ds which are in 
common use in trade, to distinguish or describe goo ds or classes of 
goods or which bear direct reference to their chara cter and quality, 
unless the marks have a distinctive character withi n the meaning of 
Section 8(b) or 9; 
(11)  A mark whose ordinary signification is geogra phical or a 
surname, unless represented in a special manner or unless having a 
distinctive character within the meaning of Section  8(b) or 9; 
(Amendment No. 1) 
5760-1999  (12)  A mark that identifies wine or an alcoholic drink containing a 
geographical signification, if the origin of the wi ne or alcoholic drink 
is not in that same geographical area; 
(Amendment No. 1) 
5760-1999  (13)  A mark that is identical to or resembles so as to deceive, a well 
known mark even if it is not a registered trademark , in relation to 
goods in respect of which the mark is well known or  in respect of 
goods of the same description; 
(Amendment No. 1) 
5760-1999  (14)  A mark that is identical to or resembles a w ell known trademark 
that is a registered trademark, and this even if it  is in respect of goods 
that are not of the same description, if the mark w hose registration is 
being requested could indicate a connection between  the goods in 
respect of which the mark is required and the propr ietor of the 
registered mark, and the proprietor of the mark is liable to be adversely 
affected as a result of the use of the requested ma rk. 
 
Mark identical with 
name of other 
person 12.  The Registrar may refuse an application for registr ation of a trademark 
identical or resembling the name or business name o f another person, 
or containing a name identical or resembling as afo resaid, if the mark 
is likely to deceive the public or to cause unfair competition. 
 
Name or description 
of goods 13.  Where a mark also contains a name or description of  any goods, the 
Registrar may refuse to register it in respect of o ther goods; but he 
may so register it if in actual use the mark varies  according to the 
goods for which it is used, and the applicant adds a note to such effect 
on his application. 
 
Registration of 
certification mark 14.  (a)  The Registrar may register a certification mar k if he is satisfied 
that the proprietor of the mark is competent to cer tify the 
characteristics to be designated by the mark. 
 
(b)  A certification mark is capable of registratio n even if it lacks 
distinctiveness as required by Section 8(a). 
 
(c)  A certification mark may only be transferred w ith the permission 
of the Registrar. 
 
Registration of 
collective mark 15.  (a)  The Registrar may register a collective mark i f he is satisfied that 
it is intended for use by the members of the body o f persons concerned 
and that such body has control over the use of the mark by its 
members.  11   
(b)  For all purposes of this Ordinance, the use of  a collective mark by 
a member of the body shall be deemed to be the use thereof by such 
body, whether or not the body itself uses or intend s to use it. 
 
(c)  A collective mark may only be transferred with  the permission of 
the Registrar. 
 
Registration of 
marks registered 
abroad 16.  (a)  Notwithstanding the provisions of Section 8-11 , the Registrar shall 
not refuse to register a trademark that is register ed as a trademark in its 
country of origin unless any of the following apply   –  
(1)  Registration of the mark in Israel will infrin ge rights acquired in 
Israel by another person;  
(Amendment No. 1) 
5760-1999  (2)  The mark lacks any dimension that gives it a distinctive 
characteristic; a trade mark will not be disqualifi ed for registration if it 
is distinct from the trademark registered in its co untry of origin in 
respect of details that do not alter its distinctiv e characteristic and do 
not adversely affect the identification of the regi stered mark in its 
country of origin. 
(3)  The mark consists exclusively of signs or indi cations which may 
serve in trade to designate the kind, quality, quan tity place of origin, 
intended purpose, time of production or value of th e goods; 
(4)  The mark is customary in current language or bona fide and 
established trade practices in Israel; 
(5)  The mark is contrary to public policy or to no rmality; 
(6)  The mark is likely to deceive the public. 
 
(Amendment No. 3) 
5762-2002  (b)  “Country of origin”, in relation to a tradema rk whose registration 
is requested under this Section – means a Member St ate in which the 
Applicant has an effective or serious industrial or  commercial 
establishment, and if he has no such establishment within the territory 
of such State – a Member State in which he is domic iled, and if he 
does not have a domicile within the territory of su ch State –  the  
Member State of which he is a national. 
 
(c)  Where the Registrar accepts for registration a  mark which would 
not have been registered but for the provisions of subsection (a), such 
fact shall be indicated in the publication of the a pplication and in the 
Register. 
  
  Chapter Four: Registration Proceedings 
 
Application 
(Amendment No.5) 
5763-2003 
(Amendment No.6) 
5767-2007 
 17.  Any person claiming to be the proprietor of a trade mark being used by 
or intended to be used by him and who wishes to reg ister it, shall 
submit an application to that effect to the Registr ar in the prescribed 
manner   12   
Division of the 
application 
(Amendment No.5) 
(Amendment) 5767-
2007 17A  (a) A person who has submitted an application as st ated in Section 
17(a) in respect of several classes of goods, may, as long as no trade 
mark in the subject matter of the application has b een registered 
under Section 26, apply to the  Registrar for a div ision of the 
application into separate applications, according t o classes of the 
goods, in the prescribed manner ( referred to in th is section as  - an 
application for division); the Registrar having dec ided on such a 
division, that date of each of the applications tha t have been so 
separated shall be the date on which the original a pplication was 
submitted. 
 
(b) Where an application for division has been subm itted, after 
publication of receipt of the original application under Section 23, 
any objection submitted under Section 24 to registr ation of the 
trademark that is the subject of the original appli cation shall be 
deemed to have been submitted in respect of each of  the separated 
applications in so far as the objection relates to it. 
 
Consolidation of 
applications 
(Amendment No. 5) 
(Amendment) 5767-
2007 17B (a)  A person who has submitted several applica tions to the Registrar 
as provided in Section 17(a) for registration of su ch trademark may, 
for as long as there has been no publication of  re ceipt of the 
applications under Section 23, request that the Reg istrar consolidate 
the separate applications into one application, in the prescribed 
manner (in this Section – application for consolida tion).   
 
(b)  Where an application for consolidation has bee n submitted the 
Registrar may consolidate the separate applications  into one 
application if he is satisfied that the two followi ng conditions have 
been met: 
(1)  The separate applications were submitted on th e same date; 
(2)  A person claiming to be the proprietor of the trademark the 
subject of the separate applications is at the time  of submission of the 
application for consolidation, the same person. 
 
Powers of the 
Registrar 
(Amendment No. 5) 
5763-2003 18 (a)  Subject to the provisions of this ordinance  the Registrar may 
refuse an application or accept it as it is or subj ect to conditions, 
amendments or modifications, or subject to such lim itations as he 
deems it proper to impose as to mode or place of us e or otherwise.   
 
(Amendment No. 5) 
5763-2003  (b)  In relation to an application for registratio n of a trademark in 
respect of a number of classes of goods, the Regist rar may require its 
division into several applications, and the date of  submission of each 
of the applications so separated shall be the date of submission of the 
application that was divided. 
 
Appeal 
(Amendment No. 7) 
5770-2010 19 Where the Registrar has refused an application h is decision shall be 
subject to an appeal to the District Court, and the  Registrar shall be 
the Respondent in such an appeal. 
  13  Errors and 
corrections 
(Amendment No. 7) 
5770-2010 20 The Registrar may at any time whether before or after acceptance, 
correct any error in or in connection with an appli cation or may 
permit an applicant to amend his application upon s uch terms as he 
shall deem appropriate. 
 
Requirement of 
disclaimer 
(Amendment No. 7) 
5770-2010 21 (a)  If a trademark contains matter common to th e trade or otherwise 
of a non-distinctive character and it appears to th e Registrar that the 
proprietor of the mark is not entitled to the exclu sive use of such 
matter or part thereof, he may, in deciding whether  such trademark 
shall be entered or shall remain on the Register, a s a condition thereof 
require that the proprietor disclaim any right to t he exclusive use of 
such matter or make other such disclaimer as he may  deem necessary 
in order to define his rights under the registratio n. 
 
(b) A disclaimer under this Section shall not affec t any rights of the 
proprietor of the trademark except such as arise ou t of the registration 
of the mark. 
 
Cancellation of 
applications 
(Amendment No. 6) 
5767-2007 22 (a)  Where the applicant has not complied with a  demand of the 
Registrar within the time prescribed by him and the  Registrar has 
given the applicant notice in the prescribed manner , and three months 
have passed from the date of the notice and the app licant still has not 
complied with such demand, the Registrar may regard  the application 
as void. 
 
(b)  The Registrar may extend the times prescribed under this Section 
if he has been requested to do so in the manner and  within the time 
prescribed in regulations and the applicant has giv en reasonable 
grounds for such request. 
 
Advertisement 
(Amendment No.5) 
5763-2003 23 When an application has been accepted, whether a bsolutely or subject 
to conditions or limitations, the Registrar shall, as soon as possible 
after such acceptance and in the prescribed manner,  advertise the 
application as received, specifying every condition  and limitation 
subject to which it has been accepted. 
 
Objection 
(Amendment No. 5) 
5763-2003 24 (a)  Any person may within three months, from th e date of the 
advertisement file with the Registrar a notice of o bjection to 
registration of the trademark.   
 
(Amendment No. 1) 
5760-1999  (a1)  The following are the grounds for objection to registration of a 
trademark: 
(1)  There is due cause and by virtue thereof the R egistrar is 
empowered under the provisions of this ordinance to  refuse the 
application for registration; 
(2)  The objector claims to be the proprietor of th e mark. 
 
(Amendment No. 6) 
5767-2007  (b)  The aforesaid notice shall be given in the pr escribed manner and 
shall set out therein details of the grounds of the  objection. 
  14  (c)  The Registrar shall send a copy of the notice to the applicant. 
 
(d)  The applicant shall send to the Registrar, in the prescribed 
manner and within the prescribed time, a countersta tement to the 
objection, setting forth the grounds on which he re lies for his 
application. 
 
(e)  If the applicant does not send a counterstatem ent as aforesaid he 
shall be deemed to have abandoned his application. 
 
(f)  If the applicant sends a counterstatement, the  Registrar shall 
furnish a copy thereof to the person who has notice  of objection and 
shall, after hearing the parties, if so required, c onsider the evidence 
and shall decide whether to allow the registration and if so on what 
conditions. 
 
Appeal 
(Amendment No. 
7)5770-2010 25 (a)  A decision of the Registrar under Section 2 4(f) shall be subject to 
appeal to the District Court. 
 
(b)  An appeal under this Section shall be submitte d within 30 days 
from the date of the Registrar’s decision. 
 
(Amendment No. 5) 
5763-2003  (c)  In the appeal the Court shall if so required,  hear the Registrar and 
shall pronounce judgment determining whether to per mit the 
registration and if so upon what conditions. 
 
(d)  During the hearing of the appeal either party may, either in the 
manner prescribed or by special leave of the Court,  submit further 
material for the consideration of the Court.   
 
(e)  The objector or the Registrar may submit no fu rther grounds of 
objection other than those stated by the objector i n the notice of 
objection save with leave of the Court that hears t he appeal; where 
any grounds have been submitted with leave as afore said, the 
applicant may, upon giving notice as prescribed, wi thdraw his 
application without payment of the costs of the obj ector. 
 
(f)  The Court may, after hearing the Registrar, pe rmit the trademark 
proposed to be registered to be modified in any man ner not 
substantially affecting its identity; a mark so mod ified shall be 
advertised in the prescribed manner before being re gistered. 
 
Registration 
(Amendment No.5) 
5763-2003 26 When an application has been accepted and the ti me for notice of 
objection has expired without there having been an objection or there 
having been an objection, it has been decided in fa vor of the 
applicant, the registrar shall register the tradema rk unless the 
application has been accepted in error or unless th e Court otherwise 
directs. 
 
Date of registration 27 The date on which the application for registrati on of the trademark  15  was filed shall be entered as the date of registrat ion thereof. 
 
Certificate of 
registration  28 On the registration of a trademark, the Registra r shall issue a 
certificate of registration to the applicant, in th e prescribed form. 
 
Rival claims to 
identical marks 
(Amendment No. 5) 
5763-2003 29 (a)  Where separate applications are made by dif ferent persons to be 
registered as proprietors of identical trademarks o r those that are 
similar so as to deceive, in respect of the same go ods or description of 
goods, and the special application was submitted as  the previous 
application was accepted, the Registrar may refrain  from accepting 
any of the applications until their rights are dete rmined by agreement 
between them approved by the Registrar, and in the absence of such 
agreement or approval the Registrar shall decide, f or reasons that 
shall be recorded as to which application shall con tinue to be 
processed in accordance with this ordinance. 
 
(Amendment No. 5) 
5763-2003  (b)  An appeal shall lie against the Registrar’s d ecision under 
subsection (a), to a District Court within 30 days from the date of the 
Registrar’s decision. 
 
(Amendment No. 7) 
5770-2010  (c)  The appellant shall deliver to the Registrar notice of filing of an 
appeal under subsection (b) within 30 days of the d ate of its filing. 
 
(Amendment No. 7) 
5770-2010  (d)  In an appeal under subsection (b) the Court s hall if so required, 
hear the Registrar. 
 
Concurrent use 30 (a)  Where it appears to the Registrar that ther e is current use in good 
faith, or where there are other special circumstanc es which in his 
opinion justify the registration of identical or si milar trademarks in 
respect of the same goods or description of goods b y more than one 
proprietor, the Registrar may permit such registrat ion subject to such 
conditions and limitations, if any, as he may think  fit. 
 
(Amendment No.7) 
5770-2010  (b)  A decision of the Registrar under subsection (a) shall be subject 
to an appeal to the Supreme Court; an appeal as afo resaid shall be 
filed within 30 days of the date of the Registrar’s  decision; in the 
appeal, the Court shall have all the powers conferr ed upon the 
Registrar in subsection (a). 
 
(Amendment No. 7) 
5770-2010  (c)  The appellant shall give notice to the Regist rar of the filing of an 
appeal under subsection (b) within 30 days from the  date of its filing. 
 
(Amendment No. 7) 
5770-2010  (d)  In an appeal under subsection (b) the Court, if so required, shall 
hear the Registrar. 
  16   
  Chapter Five: Duration and renewal of registration 
 
Period of validity of 
registration 
(Amendment No. 5) 
5763-2003 
 31 The registration of a trademark shall be valid f or 10 years from the 
date of filing of the application for registration,  and may thereafter be 
extended in accordance with the provisions of Secti ons 32 to 35.   
Renewal of 
registration 
(Amendments No. 
5) 5763-2003 32 The Registrar shall, on application made by the registered proprietor 
of a trademark, that has been submitted in the pres cribed manner and 
within the prescribed time, renew the registration of such trademark 
in respect of all such goods or classes of goods fo r which it is 
registered or for which some of them are registered  for 10 years from 
the date of expiration of the original registration  or the last renewal 
(hereinafter  referred to as – “The Expiration Date ”). 
 
Notice of expiration 33 (a)  Before the expiration date the Registrar sh all send to the 
registered proprietor, on the prescribed date and i n the prescribed 
manner, notice of the date on which the registratio n will expire and 
the conditions as to payment of fees and other matt ers upon which 
registration will be renewed. 
 
(Amendment No. 
5)5763-2003  (b)  If the fee is not paid within 6 months after the expiration date 
(hereinafter – the initial period) the Registrar sh all remove the 
trademark from the register; however –  
(Amendment No. 5) 
5770-2010  (1) If the fee is paid within the initial period, it shall be increased by a 
prescribed amount; 
(Amendment No. 5) 
5770-2010  (2)  The Registrar may upon the application of the  proprietor of the 
mark, if he is satisfied that it is just to do so, restore the validity of the 
registration, on such conditions as he shall see fi t upon payment of 
the unpaid fees and the prescribed additional fee i n this regard, 
provided that the application has been submitted wi thin 6 months 
from the expiration of the initial period. 
  
Un-renewed 
trademark 34 Where a trademark has been removed from the regi ster for non-
payment of the fee for renewal, such trademark shal l, never the less, 
for the purpose any application for registration fo r a period of one 
year after such removal be deemed to be a registere d trademark. 
 
Restrictions on 
renewal 35 The provisions of Section 34 shall not apply whe re the Registrar is 
satisfied either –  
(1)  That there has been no bona fide  trade use of the trademark 
during the two years preceding its removal; or  
(2)  That no deception or confusion would be likely  to arise from the 
use of the trademark which is the subject of the ap plication for 
registration by reason of any previous use of the t rademark which has 
been removed. 
   17   
  Chapter Six:  Changes and cancellations 
 
Change in 
registration at 
proprietors request 36 (a)  The Registrar may, on request made in the p rescribed manner by 
the registered proprietor of a trademark –  
(1)  Correct any error in his name or address; 
(2)  Enter any change in his name or address; 
(3)  Strike out any goods or classes of goods from those for which the 
trademark is registered; 
(4)  Enter in respect of the trademark, any disclai mer or any 
memorandum which does not in any way extend the rig hts given by 
the existing registration; 
(5)  Cancel the entry of the trademark in the regis ter. 
 
(Amendment No. 7) 
5770-2010  (b)  Any decision of the Registrar under subsectio n (a) shall be 
subject to an appeal to the District Court, and the  Registrar shall be 
the Respondent in such an appeal. 
 
Consolidation of 
several registrations 
of the same 
trademark 
(Amendment No. 5) 
(Amendment) 5767-
2007 36A  (a)  The registered proprietor of several registrat ions of the same 
trademark may request that the Registrar consolidat e the said 
registrations into one registration, in the prescri bed manner (in this 
Section referred to as – application for consolidat ion of registrations). 
 
(b)  Where an application for consolidation of regi strations has been 
submitted, the Registrar may consolidate the separa te registrations 
into one registration if he is satisfied that the a pplications for each of 
the registrations as aforesaid were filed on the sa me date. 
 
(c)  Where the Registrar has decided to consolidate  registrations 
under this Section, the consolidation shall be ente red in the register 
and there shall be noted therein any item as provid ed in Section 4 that 
has been entered in respect of each of the registra tions that have been 
consolidated. 
 
(Amendment No. 5) 
(Amendment) 5767-
2007 
 37 (Repealed) 
Rectification of 
register on 
application of non-
proprietor 
(Amendment No. 7) 
5770-2010 38 (a)  Subject to the provisions of this ordinance , any person 
considering himself aggrieved by the non-insertion in or omission 
from the register of any entry, or by an entry made  in the register 
without sufficient cause, or by an entry wrongly re maining on the 
register, or by any error or defect in any entry in  the register, may 
make an application to the Register, in the prescri bed manner, for 
amendment. 
  
(Amendment No. 7) 
5770-2010  (b)  The decision of the Registrar in an applicati on under subsection 
(a) shall be subject to an appeal to the District C ourt. 
 
(Amendment No. 7) 
5770-2010  (b1)  The appellant shall give notice to the Regis trar of the filing of  18  an appeal under subsection (b) within 30 days from the date of its 
filing. 
 
(Amendment No. 7) 
5770-2010  (b2)  In an appeal under subsection (b) the Court shall, if required, 
hear the Registrar. 
 
(Amendment No. 7) 
5770-2010  (c)  (Repealed) 
(Amendment No. 7) 
5770-2010 
  (d)   (Repealed) 
Removal of mark 
(Amendment No. 5) 
5763-2003 39 (a)  An application under Section 38 for removal  of a trademark from 
the register, in respect of all the goods or the cl asses of goods in 
respect of which, or some of which, the mark is reg istered, on the 
ground that the mark is not eligible for registrati on under Sections 7 
to 11 of the ordinance, or on the ground that the m ark creates unfair 
competition in respect of the applicant’s rights in  Israel, must be 
made within 5 years of the issue of the certificate  of registration 
under Section 28. 
 
(Amendment No. 1) 
5760-1999  (a1)  Not withstanding the provisions of subsectio n (a), an application 
for removal of a trademark because the application for registration for 
the mark was not submitted in good faith may be sub mitted at any 
time. 
 
(b)  Not withstanding the provisions of subsection (a) –  
(1) A trademark of a non-resident registered in the  country of origin 
shall not be removed from the register save on grou nds that preclude 
such registration, pursuant to Section 16; 
(2)  A trademark of a non-resident which is not eli gible for 
registration under the provisions of Section 8 to 1 1 and which has 
been registered under the provisions of Section 16,  may be removed 
from the register at any time on any of the grounds  precluding its 
registration under the provisions of Section 8 to 1 1 where it is no 
longer registered in the country of origin; nothing  in this provision 
shall prevent the proprietor of the mark from provi ng that at the time 
of the application for removal, the mark would have  been eligible for 
registration upon application by a resident of Isra el. 
 
Procedure for 
rectification of the 
register 40 Where the Court orders the rectification of the register, it shall direct 
that notice of the rectification shall be served up on the Registrar by 
the successful party, and the Registrar shall, upon  receipt of such 
notice, rectify the register in accordance with the  order. 
 
Cancellation of 
registration on 
grounds of non-use 
(Amendment No. 1) 
5760-1999 
(Amendment No.5) 
5763-2003) 41 (a)  Without prejudice to the generality of the provisions of Sections 
38 to 40, any interested person wishing to do so ma y submit an 
application before cancellation of the registration  of a trademark in 
respect of which the goods or classes of the goods or some of them 
for which the mark was registered (hereinafter – th e goods in respect 
of which cancellation of the registration is reques ted), on the ground 
that there was no bona fide intention to use the trademark in  19  connection with the goods in respect of which cance llation of the 
registration is requested and that there has in fac t been no  bona fide 
use of the trademark in connection with those goods  in respect of 
which the application for cancellation is requested  or there has been 
no such use as aforesaid during the 3 years precedi ng the application 
for cancellation. 
 
(b)  The provisions of subsection (a) shall not app ly where it is 
proved that the non-use is due to special circumsta nces in the trade 
and not to any intention not to use, or to abandon,  the mark in respect 
of the said goods. 
 
(c)  For the purposes of this Section, there shall be deemed not to 
have been bona fide  use of the trademark in the event of any of the 
following: 
(1)  Use of the trademark in Israel in advertising only, whether in the 
local press or in foreign newspapers reaching Israe l, unless there are 
special circumstances which, in the opinion of the Court or the 
Registrar justify the non-use of the mark on goods manufactured or 
sold in Israel; 
(2)  Cancellation of an authorization to use the ma rk, given to a 
manufacturer in Israel under Section 50, unless the  authorization is 
cancelled following an infringement of conditions, or because the 
person who gave the authorization intends himself t o manufacture the 
goods for which the mark is to be used or to grant the authorization to 
another manufacturer in Israel. 
  
(Amendment No. 7) 
5770 - 2010  (d)  The application for cancellation shall be sub mitted to the 
Registrar in the prescribed manner. 
 
(Amendment No. 7) 
5770-2010  (e)  The Registrar’s decision in an application fo r cancellation shall 
be subject to an appeal to the District Court. 
 
(Amendment No. 7) 
5770-2010  (e1)  The appellant shall give notice to the Regis trar of the filing of an 
Appeal under subsection (e) within 30 days from the  date of its filing. 
 
(Amendment No. 7) 
5770-2010  (e2)  In an appeal under subsection (e) the Court,  if required, shall 
hear the Registrar. 
 
(Amendment No. 1) 
5760-1999  (f)  In this Section, “use” of a trademark, includ es –  
(1)  Use of a registered trademark by its proprieto r or by a proprietor 
of a registered trademark as provided in Section 50 , in a different 
form from that entered in the register in relation to details that do not 
alter the distinctive character of the mark as regi stered; 
(2)  Use by a proprietor of a registered trademark as provided in 
Section 50, on condition that use thereof has been made subject to 
control by the proprietor of the mark. 
  20   
Registrar to have 
notice of proceeding 
for rectification 42 (a)  In any legal proceeding in which the relief  sought includes 
alteration or rectification of the register, the Re gistrar shall have the 
right to appear and be heard, and shall appear if s o directed by the 
Court. 
 
(Amendment No. 6) 
5767-2007  (b)  Unless otherwise directed by the Court, the R egistrar, in lieu of 
appearing and being heard, may submit to the Court a statement in 
writing signed by him, giving particulars of the pr oceedings before 
him or of the grounds of any decision by him in rel ation to the matter 
at issue or of the practice and procedure in the of fice in relation to 
similar cases, or of any other matter relevant to t he issue and within 
his knowledge and as Registrar, as he shall see fit , and a statement as 
aforesaid shall be deemed to be evidence in such pr oceedings. 
 
Regulations as to 
adaptation of entries 
to new classification 
(Amendment No. 
5)5763-2003 43 The Registrar may, with the approval of the Mini stry, make such 
regulations, prescribe such forms and generally do such things as he 
thinks expedient for empowering him to amend the re gister, by either 
making or expunging or varying entries therein, in so far as may be 
requisite for the purpose of adapting the designati on of goods or of 
classes of goods in respect of which trademarks are  registered for any 
new or amended classification that may be prescribe d. 
 
Adaptation of 
entries 44 (a)  The Registrar shall not, in exercising any power conferred on him 
by Section 43, make any amendment of the register t hat would have 
the effect of adding any goods or classes of goods to those in respect 
of which a trademark is registered, whether in one or more classes, 
immediately before the amendment is to be made, or of antedating the 
registration of a trademark in respect of any goods . 
 
(b)  The provisions of subsection (a) shall not app ly in relation to 
goods as to which the Registrar is satisfied that c ompliance with the 
said provisions would involve undue complexity and that the addition 
or the antedating would not affect any substantial quantity of goods 
and would not substantially prejudice the rights of  any person. 
 
Procedure for 
adaptation of entries 
(Amendment No. 7) 
5770-2010 45 (a)  The Registrar shall send to the registered proprietor of the 
trademark who is so affected, notification of his p roposal to amend 
the register by virtue of his power under Section 4 4 and the registered 
proprietor may appeal against such proposal to the District Court, and 
the Registrar shall be the Respondent in such appea l; notification of 
the proposal to amend, with any modifications, shal l b advertised. 
  
(Amendment No. 7) 
5770-2010   (b)  A person who considers himself aggrieved by t he proposed 
amendment may submit his objection to the Registrar , on the ground 
that it contravenes the provisions of Section 44, a nd the decision of 
the Registrar in respect of such objection shall be  appealable to the 
District Court. 
  21   
(Amendment No. 7) 
5770-2010  (c)  The appellant shall give notice to the Regist rar of the filing of an 
appeal under subsection (b) within 30 days of the d ate of its filing. 
 
(Amendment No. 7) 
5770-2010  (d)  In an appeal under subsection (b) the Court, if so required, shall 
hear the Registrar. 
 
  Chapter Seven:  Rights of proprietor of trademark 
 
Right to exclusive 
use 46 (a)  Subject to any condition or limitation ente red in the register, the 
valid registration of a person as proprietor of a t rademark shall give 
him the right to the exclusive use of such trademar k upon, and in 
every matter relating to, the goods in respect of w hich it is registered. 
 
(Amendment No. 7) 
5770-2010  (b)  Where several persons are registered propriet ors of identical, or 
substantially identical trademarks in respect of th e same goods, each 
of them shall have the same rights as if he were th e sole registered 
proprietor of such trademark, but no rights of excl usive use of such 
trademark shall be acquired by any one of such pers ons as against any 
other by the registration thereof except in so far as their respective 
rights have been defined by the Registrar or by the  District Court. 
 
Exclusive use of a 
well known 
trademark 
(Amendment No. 1) 
5760-1999 46A  (a)  A well known trademark even if it is not a reg istered trademark 
shall entitle its proprietor to exclusive use of th e mark in relation to 
goods in respect of which it is well known in Israe l or in relation to 
goods of the same description.   
 
(b)  A well known trademark, that is a registered t rademark, shall 
entitle its proprietor to exclusive use of the mark  also in relation to 
goods that are not of the same description, if the use of the mark by a 
person that is not its proprietor is likely to poin t to a connection 
between the said goods and the proprietor of the re gistered trademark, 
and the proprietor of the registered trademark is l iable to be adversely 
affected as a result of such use. 
 
Protection of 
trademarks at 
exhibitions 
(Amendment No. 1) 
5769-1999 46B A trademark that is not a registered trademark,  shall in relation to 
goods being shown at an official international exhi bition, or has been 
officially been recognized as such, taking place in  Israel, be deemed 
to be a registered mark for the period in which the  exhibition takes 
place. 
 
Saving of genuine 
use   
(Amendment No. 1) 
5770-1999 47 Registration under this ordinance shall not prev ent any genuine use 
by a person in his own name or in the name of his b usiness or in the 
geographical name of his place of business, or of a ny his predecessors 
in business, or the use by any person of any genuin e description of 
the character or the quality of his goods. 
  22   
Transfer of 
trademark 
(Amendment No.5) 
5763-2003 
(Amendment No.5) 
(Amendment) 5767-
2007 48. (a) A registered trademark may be assigned by t he proprietor thereof, 
or pass by operation of law, as regards all or some  of the goods or 
classes of goods in respect of which it is register ed, with or without 
the goodwill of the business concerned in the goods  for which it has 
been registered, provided that the Registrar may re fuse to register a 
transfer as aforesaid if, in his opinion, the use o f the mark by the 
transferee is likely to deceive the public or if, i n his opinion, the 
transfer is contrary to public policy.  
     
(Amendment No.5) 
(Amendment) 5767-
2007  (a1) Where proprietorship has been assigned as pro vided in 
subsection (a) as regards some of the goods or the classes of goods in 
respect of which such trademark is registered, the Registrar divide 
registration of the trademark into separate registr ations, in the 
prescribed manner.  
   
(Amendment No.5) 
(Amendment) 5767-
2007  (b) For the purposes of subsections (a) and (a1), a trademark for the 
registration of which an application is pending sha ll be deemed a 
registered trademark.  
 
Registration of 
transfer 49. (a) Where a person becomes entitled to a regist ered trademark by 
assignment or by operation of law, he shall apply t o the registrar to 
register his title and the Registrar shall, on proo f of title to his 
satisfaction, register him as the proprietor of the  trademark and shall 
make an entry in the Register, in the manner prescr ibed, of the 
transfer or of any instrument relating to the title .  
    
(Amendment No.7) 
5770-2010 
 49. (b) Any decision of the Registrar under this se ction shall be subject to 
an appeal to the District Court, and the registrar shall be the 
Respondent in such appeal.  
 
(c)  Except in cases of appeals under this section,  a document or 
instrument in respect of which  no entry has been m ade in the 
Register under this section  shall not be admitted in evidence in any 
Court in proof of title to a trade mark unless the Court otherwise 
directs.  
  23   
Authorization to use 
mark 
(Amendment No.1) 
5760-1999 50. (a) The proprietor of a registered trademark ma y authorize another 
person (in this Ordinance – referred to as an “auth orized person”) to 
use such trademark in relation to all or any of the  goods in respect of 
which it is registered.  
 
(b) An authorization shall not be valid unless it h as been registered 
under the provisions of this section, and the Regis trar may register it 
subject to such conditions and limitations as he ma y think fit.  
 
(c)  So long as the authorized person uses the mark  in relation to the 
goods in the course of his business, in accordance with the 
authorization and subject to any conditions and lim itations attached 
thereto, his use of the mark shall be deemed to be exclusive use by 
the proprietor thereof.    
 
(d) The Registrar may register an authorization if it has been proved 
to his satisfaction that the use of the trademark i n relation to the 
goods in respect of which registration is applied f or is not contrary to 
public policy and is not likely to deceive.  
  
Application for 
registration of 
authorization 51. (a) An application, in the prescribed form, for  the registration of an 
authorization shall be submitted by the proprietor of the mark and by 
the person to be registered as the authorized perso n and shall indicate, 
inter alia –  
(1) the relationship between the proprietor of the mark and the person 
to be registered as the authorized person, includin g the extent of the 
control of the proprietor of the mark over the use thereof by the 
authorized person;  
(2) the goods in respect of which the authorization  is sought;  
(3) the conditions or limitations which are to appl y to the use of the 
mark by virtue of the authorization if the same is registered; 
(4) The period of validity of the authorization if its registration is 
requested for a determinate period. 
 
(b) The Registrar may demand any document, evidence  or particular 
which it appears to him may be useful in determinin g the application;  
 
(c) Particulars as referred to in subsections (a) a nd (b), other than 
particulars to be registered, shall not be open to inspection by the 
public.  
       
Variation and 
cancellation of 
registration of 
authorization 52. (a) The Registrar may, on application of the pr oprietor of the mark in 
the prescribed form, vary the registration of an au thorization as to 
everything relating to the goods to which the autho rization applies 
and to the conditions and limitations to which it i s subject.  
 
(b) The Registrar may cancel the registration of an  authorization on 
application by the authorized person in the prescri bed form. 
  24  (c) The Registrar may cancel the registration of an  authorization if he 
has been requested to do so and it has been proved to his satisfaction 
that the existence of the authorization, or the use  of the trademark by 
the authorized person, is contrary to public policy  or is likely to 
deceive.  
 
(d) Before cancelling an authorization, or varying the conditions 
thereof, under this section, the Registrar shall gi ve every interested 
party and opportunity to be heard.  
 
(e) Where the registration of a mark has been cance lled or removed 
from the Register, any authorization given in respe ct thereof shall be 
void.  
 
(f) The provisions of this section shall not deroga te from the 
provisions of Sections 38 to 40.      
    
Continuation of use 
of trademark  
(Amendment 1) 
5760-1999 52A  Notwithstanding the provisions of this Ordinance, w here an 
application has been submitted for registration of a trademark or a 
trademark has been registered bona fide , or rights have been acquired 
in a trademark by way of bona fide use thereof, its eligibility for 
registration will not be adversely affected, nor th e validity of the 
registration or right to use the trademark, solely because of such 
trademark being identical to or resembling a geogra phical marking or 
well known trademark, provided that the application  for registration 
of the trademark was submitted, or the registration  or acquisition of 
such rights occurred prior to  -  
(1) in the case of a well known trademark- the date  on which the 
trademark became a well known trademark; 
(2) In the case of a geographical marking – the 23 rd  of Teveth 5760 
(January 1, 2000) or the date on which the geograph ical marking was 
given protection in the Member State in which the g eographical area 
is situated in which the geographical marking is in dicated. 
    
Right of appeal 
(Amendment No.7) 
5770-2010 53. (a) Decisions by the Registrar under Sections 5 0 to 52 shall be subject 
to an appeal to the Supreme Court. 
 
(b) In an appeal against a decision of the Registra r under Sections 50 
or 51 the Registrar shall be the Respondent in the appeal.  
 
(c) The appellant, in an appeal against a decision of the Registrar 
under Section 52, shall give notice to the Registra r of the filing of an 
appeal within 30 days of the date of its filing. 
 
(d) In an appeal under subsection (b) the Court, if  required, shall hear 
the Registrar.  
  25   
  Chapter Eight: Registration of Foreign Trademarks 
 
 
Protection by virtue of 
mutual agreement 54. (a) If the Government has sighed an agreement w ith the 
Government of  Foreign State for mutual protection of 
trademarks, and the Minister of Foreign Affairs has  notified such 
fact, then, so long as the agreement is in force, a ny person who 
has applied for protection of a trademark in that S tate, or his 
legal representative or assignee, shall be entitled  to registration 
of his trademark under this Ordinance in priority t o other 
applicants, provided that he filed his application within six 
months from the date on which he applied for protec tion in the 
Foreign State. 
 
(b) The provisions of subsection (a) shall not enti tle the 
proprietor of the trademark to recover dame for inf ringements 
which occurred prior to the date on which his trade mark was 
actually registered in Israel. 
 
(c) The registration of a trademark shall not be in validated by 
reason only of its use in Israel during the six-mon th period 
referred to in subsection (a).  
  
Priority rule 
(Amendment No.1) 
5760-1999 
(Amendment No.5) 
5763-2003 
 
 
 
 
 
 
 
 
 
 
 
 
(Amendment No.5) 
5763-2003 
 
 
 
(Amendment No.5) 
5763-2003 
 
 55 (a) A person, or a person who preceded him in pr oprietorship, 
who has filed an application for registration of a trademark in a 
Member State (in this section – a previous applicat ion), may 
apply for the registration of the mark in Israel un der the 
provisions of this section, and request that his ap plication shall 
have priority over any application for registration  filed after the 
date of filing of the previous application, provide d that the two 
following conditions have been satisfied: 
(1) The request for the application of the priority  rule was filed 
together with the application for registration of t he trademark in 
Israel; 
(2) The application for the registration of the tra demark in Israel 
as filed within six months from the date of the fil ing of the first 
previous application. 
 
(b) Application of the priority rule can be request ed in relation to 
part of the goods or the classes of goods included in an 
application for registration of a trademark in Isra el, and when 
this has been done, the provisions of subsection (a ) shall apply in 
respect of such part. 
 
(b1) Where the request for application of the prior ity rule under 
the provisions of subsection (a) was based on more than one 
previous application and the priority rule is requi red on the basis 
of each of the applications, the provisions of subs ection (a) will 
apply in relation to the good or classes of the goo ds in respect of  26  which registration of the trade mark was sought, ac cording to the 
date of the earliest previous application in relati on to those goods 
or to that part, as the case may be.  
 
(c) The provisions of this section shall nor confer  a right to 
damages for an infringement committed before the da te of filing 
of the application for registration of the mark in Israel            
Filing of application 56. An application for registration of a trademark under Section 54 
or 55 shall be made in the same manner as an ordina ry 
application under this Ordinance.  
 
(Amendment No.5) 
5763-2003  Chapter Eight – One: International Applications  
 
(Amendment No.5) 
5763-2003  Article One: Definitions 
Definitions 
(Amendment No.5) 
5763-2003 56A In this Chapter -  
  “Holder of international trademark” – means a pers on in whose 
name an international trademark is registered;  
 
  “International application” – means an application  for 
registration of a trademark as an international tra demark 
submitted to the International Bureau pursuant to A rticles 2(2) 
and 3 of the Protocol; 
 
  “An Israel-designated international application”- means an 
international application in which the applicant st ates Israel as 
the designated place of registration of the tradema rk; 
 
  “Subsequent designation” – means an application fo r extension 
of a registered trademark as an international trade mark submitted 
to the International Bureau under Article 3ter(2)  of the Protocol, 
in which the applicant states an additional contrac ting party to 
the Protocol which was not stated in the internatio nal application, 
as the designated place for registration of the tra demark; 
  
  “Israel-designated subsequent designation applicat ion – means 
an application for extension in which the applicant  states Israel 
as the designated place for registration of the tra demark; 
 
  “Israel-designated application” – means an Israel- designated 
international application or an Israel-designated s ubsequent 
designation application; 
  
  “Madrid Agreement”- means Madrid Agreement (Stockh olm) 
within the meaning thereof in Article 1 of the Prot ocol; 
 
  “The International Bureau” –  within the meaning thereof as  
defined in Articles 2 and 11 of the Protocol;  27   
  “The International Register” – as such is defined in Article 2(1) 
of the Protocol; 
 
  “The Protocol” – the Protocol Relating to the Madr id Agreement 
Concerning the International Registrations of Marks  as signed in 
Madrid on June 27, 1989; for such purpose “marks” –  means 
trademarks; 
 
  “Contracting Party to the Protocol” – means a Stat e or inter-state 
organ that is a party to the Protocol pursuant to A rticle 1 therein; 
 
  “The office of origin” – means an office of a part y to the 
Protocol, within the meaning thereof in Article 2(2 ) of the 
Protocol, to which an international application or an subsequent 
designation application was submitted; 
 
  “Madrid Regulations” 1 – means the Common Regulations under 
the Madrid Agreement and the Protocol as were in fo rce on April 
1, 2002 in accordance with the amended version of t he said 
regulations specified in the Schedule. 
  
(Amendment No.5) 
5763-2003  Article Two: International Applications Originatin g in Israel 
The Registrar as the 
office of origin 
(Amendment No.5) 
5763-2003 56B (a) The Registrar shall act as the office of or igin for the purposes 
of the international applications and subsequent de signation 
applications that are not Israel-designated, which are filed 
pursuant to the provisions of Section 56C.  
 
(b) The Registrar is responsible for processing the  applications 
specified in subsection (a) and for the forwarding thereof to the 
International Bureau, and for such purpose the prov isions under 
this Article shall apply, and in relation to any ma tter not 
governed by this Article, the provisions of the Pro tocol and the 
Madrid Regulations shall apply.  
 
Filing of an 
international 
application or 
subsequent designation 
(Amendment No.5) 
5763-2003 56C An Israeli national, an Israel resident or any person that has in 
Israel, an active industrial or commercial enterpri se, who has 
filed an application for registration of a trademar k in Israel as an 
international trademark or who is the registered pr oprietor of an 
international trademark, may file with the Registra r in his 
capacity as the office of origin, on the basis of s uch application 
or of such registration, and pursuant to the provis ions of this 
chapter-  
(1) A non-Israel designated international applicati on; 
(2) A non-Israel designated subsequent designation application, 
provided that the applicant is the registered propr ietor of an 
international trademark. 
                                                 
1 The Protocol and Madrid Regulations are deposited for public inspection with the Registrar of 
trademarks, and are published on the Registrar’s in ternet website  28   
Registrar’s notification 
to International bureau 
(Amendment No.5) 
5763-2003 56D Where the Registrar has forwarded an internatio nal application to 
the International Bureau, he shall notify the Inter national Bureau 
of each of the following, in accordance with the pr ovisions of 
this Chapter: 
(1) The final decision pronounced pursuant to Secti ons 18 or 22 
concerning rejection, cancellation or receipt of co nditions, 
amendments, modifications or limitations of the bas ic 
application, provided that the proceeding at the co nclusion of 
which the said decision was made had commenced prio r to the 
determining date; 
(2) A final judgment pronounced in an appeal under Section 19 
and provided that the proceeding in which the decis ion was 
pronounced on the subject of the appeal had commenc ed prior to 
the determining date; 
(3) A final decision or final judgment that does no t permit 
registration of the trademark in relation to all th e goods or classes 
of goods or part of them in respect of which regist ration was 
sought, provided that such decision or judgment was  pronounced 
as a result of the notice of objection that had bee n filed pursuant 
to the provisions of Section 24 prior to the determ ining date, for 
registration of the trademark as an international t rademark in 
accordance with the basic application; 
(4)  The basic registration has expired prior to th e determining 
date and has not been renewed in accordance with th e provisions 
of Sections 32 and 33. 
(5) A decision as to removal or cancellation of the  basic 
registration or of goods or classes of goods from t he said 
registration, in accordance with an application of the registered 
proprietor of the trademark filed pursuant to the p rovisions of 
Section 36 prior to the determining date; 
(6) A final decision or final judgment as to remova l or 
cancellation of the basic registration or of goods or classes of 
goods from the said registration, in accordance wit h an 
application filed pursuant to the provisions of Sec tions 39 or 41 
prior to the determining date; 
(7) Additional matters that the Minister has prescr ibed pursuant 
to the provisions of the Protocol and Madrid Regula tions. 
  
  In this section – 
“The basic application” – means the application for  registration 
of the trademark in Israel as an national trademark  on which the 
international application is based; 
“The determining date” – means the date after which  5 years has 
expired from the date of the international registra tion of the 
trademark; 
“The basic registration” – means the national trade mark on 
which the international application is based. 
    29   
Correction or error in 
an international 
application or for 
subsequent designation 
(Amendment No.5) 
(Amendment) 5767-
2007 
 56D1  Correction of an error in a non-Israel designated i nternational 
application or in a non-Israel designated subsequen t designation 
application, shall be made in accordance with the M adrid 
Regulations, and the provisions of Section 20 shall  not apply for 
such purpose.  
(Amendment No.5) 
5763-2003  Article Three: Israel- Designated International Ap plications 
Applicability of 
provisions of the 
Ordinance to Israel 
designated applications 
(Amendment No.5) 
5763-2003 56E Where the Registrar has received notice from th e International 
Bureau as to the filing of an Israel-designated app lication, he 
shall decide as to the eligibility for registration  of the trademark 
whose registration is being sought, and the provisi ons of this 
ordinance shall apply mutatis mutandis, and subject to the 
following variations: 
(1) The provisions of Section 17 shall not apply; 
(Amendment No.5) 
(Amendment) 5767 -
2007  (1a) For the purposes of Sections 17A and 17B, div ision of 
applications or consolidation of applications shall  be pursuant to 
the provision contained in Article 9 of the Protoco l and the 
Madrid Regulations; 
(Amendment No.5) 
(Amendment) 5767 -
2007  (1b) For the purposes of Section 20, correction of  an error in an 
Israel–designated application or in respect of it s hall be pursuant 
to the Madrid Regulations; 
(2) For the purposes of Section 24(c) a copy of the  notice of 
objection as provided in Section 24(b) shall be sen t to the 
International Bureau in accordance with the provisi ons of the 
Protocol and Madrid Regulations and within the peri od 
prescribed in the opening passage of Section 56F; 
(3) For the purposes of registration under Section 26, it shall be 
noted in the Register that the trademark is an inte rnational 
trademark;  
(4) The following provisions shall apply in lieu of  the provisions 
of Section 27: 
(a) The date of entry in the Register of an interna tional trademark 
registered in Israel, which was registered in accor dance with an 
Israel-designated international application, shall be the date on 
which the international trademark is entered in the  international 
register; 
(b) The date of entry in the Register of an interna tional trademark 
registered in Israel, which was registered in accor dance with an 
Israel–designated subsequent designation applicatio n, shall be 
the date on which the subsequent designation applic ation was 
entered in the international register. 
  
Notice of refusal or of 
filing of objection 
(Amendment No.5) 
5763-2003 56F (a) Within 18 months of the date on which an Is rael–designated 
application was sent to the Registrar, he shall sen d notice of each 
of the following to the International Bureau, pursu ant to the 
provisions of this chapter: 
(1) A decision that the trademark is not eligible f or registration or  30  that an application can only be accepted on conditi ons, with 
amendments , modifications or limitations, under th e provisions 
of Section 18; 
(2) Filing of objections to registration of the tra demark, or the 
existence of a possibility of submitting objections  as aforesaid 
even after the said period of 18 months. 
 
(b) Where the Registrar has notified the Internatio nal Bureau that 
a possibility exists of the filing of objections un der the provision 
of subsection (a) (2), he shall give notice to the international 
bureau, within one month after the expiration of th e period for 
the filing of objections, of any objection filed du ring that period. 
  
Registration of 
International 
Trademark   
(Amendment No.5) 
5763-2003 56G Where the Registrar has not served notices on t he International 
Bureau in accordance with Section 56F within the pe riod 
specified therein, he shall register the trademark in the Register 
and shall note that it is an international trademar k.  
Notice of Final 
Decision as to 
objections (Amendment 
No.5) 5763-2003  56H (a) Where the Registrar has made a decision on an objection the 
filing of which he has notified the international b ureau pursuant 
to the provisions of Sections 56F (a) or (b), and h as not received, 
within 30 days from the date of pronouncement of hi s decision, 
notice under Section 25(b1) of the filing of an app eal, he shall 
notify the international bureau of his decision reg arding the 
objection. 
 
(b) Where an appeal has been filed against the Regi strar’s 
decision regarding an objection, pursuant to Sectio n 25, the 
Registrar shall notify the International Bureau of the final 
judgment of the Court regarding the appeal. 
  
International 
Trademark – in lieu of 
National Trademark 
(Amendment No.5) 
5763-2003 56I (a) Registration of an international trademark in the Register 
pursuant to provisions of this Article shall replac e registration of 
the national trademark, in all respects, if all the  following 
conditions have been satisfied: 
(1) On the date of the filing of the Israel-designa ted application, 
with the international bureau, the international tr ademark being 
sought was a national trademark; 
(2) The international trademark and the national tr ademark are 
registered both in the international register and i n the register, in 
the name of the same person; 
(3) The international trademark is registered in th e national 
register, in relation to Israel, in reference to al l the goods in 
respect of which the national trademark is entered in the 
Register. 
 
(b) The replacement of registration under the provi sions of 
subsection (a) shall not operate so as to prejudice  the rights 
acquired because of registration of the national tr ademark. 
 
(c) Replacement of registration of the national tra demark by  31  registration of an international trademark shall be  noted in the 
Register. 
 
Applicability of 
provisions of the 
Ordinance to 
international trademark 
(Amendment No.5) 
5763-2003 56J The provisions of this ordinance with regard to  a registered 
trademark shall apply with regard to an internation al trademark 
registered in Israel, mutatis mutandis, and with the following 
variations: 
(1) For the purposes of Section 31 and the closing passage of 
Section 32, extension of validity of or renewal of registration of a 
trademark shall be in accordance with the provision s of Articles 
6(1), 7 and 8 of the Protocol and of the Madrid Reg ulations;  
(Amendment No.5) 
(Amendment) 5767-
2007  (2) The provisions of Section 33 shall not apply;  
(3) (a) For the purposes of Sections 36, 49, 51 and  52, the 
applications for registration specified below shall  be submitted 
direct to the International Bureau or through the o ffice of origin, 
pursuant to the Madrid Regulations:   
(Amendment No.5) 
(Amendment) 5767-
2007  (1) An application for a change in registration pu rsuant to 
Section 36(a) 
(1a) An application for registration by virtue of a  transfer or 
operation of law pursuant to Section 49 (a); 
(2) An application for registration of authorizatio n pursuant to 
Section 51(a); 
(3) An application for variation of registration of  authorization 
pursuant to Section 52(a) or an application for can cellation of 
registration  of authorization pursuant to Section 52(b); 
(Amendment No.5) 
(Amendment) 5767-
2007  (4) For the purposes of Section 36A, consolidation  of several 
registrations of the same trademark, shall be pursu ant to the 
provisions of Article 9 of the Protocol and pursuan t to the 
Madrid Regulations. 
 
(b) Where the Registrar has received from the Inter national 
Bureau, notice of the filing of one of the applicat ions specified in 
subparagraph (a) he shall make a decision in relati on to it 
pursuant to the provisions of this Ordinance. 
 
Notice of removal or of 
cancellation of 
international trademark 
(Amendment No.5) 
5763-2003 56K The Registrar shall notify the international bu reau of a final 
decision or a final judgment regarding the removal or 
cancellation of registration of an international tr ademark 
registered in Israel, pursuant to the provisions of  Sections 39 or 
41, with regard to all the goods or part of the goo ds in respect of 
which it is registered, under the provisions of thi s chapter. 
 
Consequences of 
removal from or 
cancellation in the 
international register 
(Amendment No.5) 
5763-2003 56L (a) 
(1) Where the International Bureau has notified the  Registrar of 
the removal from or cancellation in the internation al register, of 
registration of an international trademark register ed in Israel, 
with regard to all the goods or the classes of good s or parts 
thereof in respect of which it is registered, the R egistrar shall 
remove or cancel registration of the international trademark 
entered in Israel in the Register, in regard to suc h goods as have  32  been specified in the notice; the date of such remo val or 
cancellation from or in the international register shall be the date 
of such removal or cancellation from the Register, as the case 
may be; 
(2) The provisions of Paragraph (1) shall also appl y to a 
trademark entered in the Register under the provisi ons of Section 
16, and the provisions of Section 39(b) shall not a pply in this 
regard. 
 
(b) Where the International Bureau has notified the  Registrar of 
the removal of cancellation from the international register of 
registration of an international trademark, with re gard to some or 
all of the goods in respect of which it is register ed, and with 
regard to the goods specified in a notice of an Isr ael-designated 
application having been filed, the Registrar shall cease 
processing the application in respect of such goods . 
 
Conversion of 
international trademark 
to national trademark 
(Amendment No.5) 
5763-2003 56M Where the entry of an international trademark h as been removed 
or cancelled in the international register, pursuan t to notification 
of the office of origin under Article 6(4) of the P rotocol, with 
regard to some or all of the goods or the classes o f goods in 
respect of which the mark is registered, and within  3 months of 
the date of such removal or cancellation, and a per son who is the 
registered proprietor of the international trademar k, has filed an 
application for registration of an identical mark a s a national 
trademark with regard to the goods in respect of wh ich the 
registration has been removed or cancelled, the fol lowing 
provisions shall apply: 
(1) In respect of an international trademark regist ered in Israel, 
whose registration in the Register has been removed  or cancelled 
under the provisions of Section 56L(a) –the Registr ar shall enter 
the trademark in the Register as a national tradema rk in 
accordance with the application; 
(2) 
(a) In respect of an Israel-designated application which has been 
advertised under the provisions of Section 23- the application for 
registration of the national trademark shall procee d instead of the 
Israel-designated application, in all respects and any objection 
filed to registration of the international trademar k shall be 
deemed an objection filed to registration of the na tional 
trademark; 
(b)In the event of the priority rule under the prov isions of Section 
55 applying to the Israel-designated application, t he priority rule 
shall apply to registration of the national tradema rk; 
(3) The date of registration of the national tradem ark shall be as 
stated in Section 56E (4). 
  33   
  Chapter Nine: Infringement 
 
Action for infringement 
(Amendment No.1) 
5760-1999 
 
 
(Amendment No.1) 
5760-1999 57. (a) The proprietor of a registered trademark or  of a well known 
trade mark may bring an action for infringement; th e court shall 
not entertain and action for infringement in respec t of an 
unregistered trademark;  
 
(b) repealed   
   
Usages to be evidence 58. In an action for infringement, evidence shall b e admitted of the 
usages of the trade in respect of the get-up of the  goods for which 
the trademark is registered and of any trademarks o r get-up 
legitimately used in connection with such goods by other 
persons. 
   
Relief 59 (a) In an action for infringement, the Plaintiff  shall be entitled to 
relief by way of injunction, and to damages in addi tion to any 
other relief which the Court dealing with the case is competent to 
grant. 
   
(Amendment No.1) 
5760-1999  (b) With regard to an infringement in respect of a  well known 
trademark that is not a registered trademark the Pl aintiff shall be 
entitled to relief by way of injunction only.  
   
Additional relief 
(Amendment No.1) 
5760-1999 59A (a) The Court may, at the conclusion of the del iberations in an 
action, order one of the following:  
(1) Destruction of the property produced in committ ing the 
infringement or used in the perpetration thereof (i n this section  - 
the property); 
(2) If the Plaintiff has so requested  - the transf er of ownership of 
the property to him, in consideration of payment of  the value 
thereof, at the its value but for the commission of  the 
infringement; 
(3) The taking of any other action with regard to t he property.  
Provided that the Court shall not permit possession  of the 
property by the Defendant even if the Defendant has  removed the 
offending marks, other than in exceptional circumst ances.   
   
(Amendment No.5) 
5763-2003  (b) A party who files an application for destructi on of property 
shall give notice thereof to the Israel Police in t he manner 
prescribed by the Minister, and the Court shall not  hear such an 
application without an opportunity having been affo rded to the 
Police to be heard and state its case.    
 
  Chapter Ten: Penalties 
 
Penalties  
Amendment No.4) 
5763-2002 60. (a) A person who commits any of the following a cts, shall be 
liable to imprisonment for three years or to a fine  of seven times 
the amount of the fine prescribed in Section 61(a) (4) of the  34  Penal Law, 5737-1977 (hereinafter – the Penal Law);   
(1)Marks, without authorization of the proprietor o f the mark or 
of his representative, a registered trade mark or a n imitation 
thereof, for trading, goods in respect of which the  mark is 
registered in the Register or packaging of such goo ds, and is thus 
liable to deceive another person; 
(2) Imports for trading, without authorization of t he proprietor of 
the mark or his representative, goods or packaging thereof that 
have been marked with a trademark that is registere d in the 
Register in respect of such goods or by imitation o f such a mark, 
and the mark is liable to deceive another person;  provided that 
the provisions of this paragraph shall not apply in  respect of 
goods that have been marked with authorization of w hoever is 
the proprietor of the mark in the country in which the marking 
was done; 
(3) Deals in the sale, hiring or distribution of go ods that have 
been marked or imported into Israel in contraventio n of the 
provisions of Paragraphs (1) or (2), or sells or hi res or distributes 
such goods in a commercial quantity; 
(4) Holds goods that have been marked or have been imported 
into Israel in contravention of the provisions of P aragraphs (1) or 
(2) for the purpose of trading in them. 
 
(b) Where an offence has been committed under subse ction (a) 
by a body corporate, it shall be liable to double t he fine 
prescribed for such offence. 
 
(c)  A person who gives false information to the Re gistrar in 
connection with an application for registration of a mark in the 
Register shall be liable to imprisonment for one ye ar. 
 
(d) 
(1) An officeholder in a body corporate must exerci se control 
and do all that is possible to prevent the commissi on of any of 
the offences specified in this section (hereinafter  – offence) by 
the body corporate or by any of its employees; a pe rson who 
commits a breach of the aforesaid duty shall be lia ble to the fine 
prescribed in Section 61(a) (4) of the Penal Law. 
(2) Where an offence has been committed by a body c orporate or 
any of its employees, it shall be a presumption tha t the 
officeholder has committed a breach of his duty und er Paragraph 
(1), unless he proves that he did everything possib le in order to 
discharge his said duty. 
(3) In this subsection, “officeholder” – means an a ctive director 
in a body corporate, a partner except a limited par tner, and the 
official with responsibility on behalf of the body corporate for 
the sphere in which such offense was committed. 
      
Injunction 61 After a conviction of an offence under Section 6 0, the Court 
may, in lieu of or in addition to the prescribed pe nalties, issue an 
injunction for prevention of or against a repetitio n of the offence.    35    
Order for forfeiture or 
destruction  62 The Court, before whom any person charged under Section 60 is 
brought, may order the forfeiture or destruction of  any goods, 
wrapping, packing or advertising material, and of b locks, dies or 
other apparatus for printing the mark or other mate rial in respect 
of which the offence was committed. 
    
False representation of 
mark 63 A person who represents a trademark as registere d which is not 
so registered shall be liable for every offence to a fine of 750 
Pounds. A person shall be deemed, for the purposes of this 
section to represents that a trademark is registere d if he uses the 
word “registered” in connection with the trademark or any word 
expressing or implying that registration has been o btained for the 
trademark. 
 
(Amendment No.7) 
5770 - 2010  Chapter Eleven: Trial, Evidence and Procedure 
 
Appeal against other 
decision of the 
Registrar 
(Amendment No.7) 
5770 - 2010 63A Any other decision of the Registrar under this law shall be 
appealable to the Court if leave to do so is grante d by the Court; 
for such purpose “other decision” – means a decisio n that is not 
likely to conclude the deliberations in the proceed ing conducted 
before him. 
 
The Relevant District 
Court 
(Amendment No.7) 
5770 - 2010 63B (a) The relevant District Court for the purpose s of this law is the 
District Court in the District of Jerusalem or in t he District of Tel 
Aviv, at the election of the person filing the proc eeding; provided 
that the Minister may, by order, direct that jurisd iction of the 
District Court under this law shall also lie with s uch other 
District Courts as he shall prescribe. 
 
(b) The provisions of this section shall not apply in relation to 
Chapters 9 and 10. 
  
Appeal against 
judgment or other 
decision of a District 
Court 
(Amendment No.7) 
5770 - 2010 63C A judgment and other decision as defined in Sec tion 63A, of a 
District Court under this law, shall be appealable to the Supreme 
Court, if leave for such an appeal is granted by th e President of 
the Supreme Court or by another Judge of the Suprem e Court 
designated by the President for such purpose; the p rovisions of 
the concluding passage of Section 41(b) and (c) of the Courts 
Law shall apply mutatis mutandis, with regard to the granting of 
leave to appeal against such other decision. 
 
Registration to be 
evidence of validity 64 In any legal proceeding relating to a registered  trademark the fact 
that a person is registered as proprietor of such t rademark shall 
be prima facie, evidence of the validity of the original 
registration of such trademark, and all subsequent assignments 
and transmissions thereof. 
 
Registrar’s Certificate 65 A certificate purporting to be signed by the Reg istrar as to any 
entry or as to any thing which he is authorized to do by this  36  Ordinance or regulations made pursuant thereto shal l be prima 
facie evidence of the entry having been made and of the c ontents 
thereof, and of the thing having been done or not d one. 
  
Hearing of Applicant 66 Where any discretionary or other power is given to the Registrar 
by this Ordinance or regulations made pursuant ther eto, he shall 
not exercise that power adversely to the applicant for registration 
or the registered proprietor of the trademark witho ut, if required 
by him so to do within the prescribed time, giving him an 
opportunity to be heard. 
   
Evidence before the 
Registrar 67 Subject to any regulation under this Ordinance, the evidence in 
proceedings before the Registrar shall be by affida vit under 
Section 15 of the Evidence Ordinance (New Version) 5731-1971, 
or by declaration made abroad under the law of the place where 
it is made, so long as the Registrar does not other wise direct; but 
the Registrar may, if he thinks fit, take oral test imony in lieu of 
or in addition to written evidence, and may permit the deponent 
to be crossed-examined.  
 
Powers of Registrar 
with regard to witnesses 
(Amendment No.7) 
5770 - 2010 68. The Registrar shall have the powers of a Court to compel the 
attendance of a witness before him and as to the he aring of his 
testimony.   
Costs 69. In every proceeding before him the Registrar ma y award to a 
party such costs as he considers reasonable.  
 
Giving notice to the 
Director of Customs 
(Amendment No.1) 
5760-1999 69A (a) A proprietor of a registered trademark whos e right has been 
infringed or in respect of which a reasonable fear exists that it 
will be infringed, may give notice in writing to th e Director of 
Customs that he is owns title to the trademark, and  request that 
he delay the release of the goods that he claims to  be offending 
goods, and that they be treated as goods whose impo rtation is 
prohibited under the Customs Ordinance. 
 
(b) The notice under subsection (a) shall include a  copy of the 
certificate of registration of the trademark and al so one of the 
following: 
(1) a sample of the original goods in respect of wh ich the 
applicant has title to the trademark  regarding whi ch  he is  laying 
information as to the importation of offending good s;  
(2) a catalogue or any other document that enables the Director 
of Customs to make a comparison between the origina l goods 
and the offending goods;  
 
(c) The proprietor of a registered trademark shall in his notice 
furnish the following particulars to the Director o f Customs, in so 
far as he is aware of them:  
(1) The number of packages due to be received; 
(2) Sufficient marking of the means of importation or the name 
of the ship bringing in the offending goods;  37  (3) The date on which the offending goods are due t o arrive in 
Israel. 
 
(d) The proprietor of a registered trademark must f urnish the 
Director of Customs with primary evidence, and a pe rsonal 
guarantee of an amount prescribed by the Director o f Customs in 
order to cover any cost connected with the delay or  in order to 
compensate for any damage that may be caused by suc h delay, if 
it should appear that such delay was not justified,  and must also 
pay any fee prescribed in this regard under the Cus toms 
Ordinance. 
 
(e) The provisions of this section shall not apply to offending 
goods that are imported for personal use as such is  defined in 
Section 129 of the Customs Ordinance. 
          
  Chapter Twelve: Fees and Regulations 
 
Fees 70 There shall be paid in respect of applications, registrations and 
other matters under this Ordinance, such fees as ma y be 
prescribed by regulations. 
 
Implementation and 
Regulations 
(Amendment No.6) 
5767-2007 71 (a) The Minister is charged with the implementat ion of this 
Ordinance, and he may make regulations for its impl ementation 
including in relation to the following matters: 
(1) The manner of preparation and transmission of d ocuments 
under this Ordinance, and the Minister may prescrib e regulations 
in relation to preparation and transmission of elec tronic 
documents and in relation to the use of a secure el ectronic 
signature or a certified electronic signature in re lation to them; in 
this paragraph –  
“Electronic Documents” – means documents under this  
Ordinance that are delivered electronically and may  be preserved 
electronically and may be extracted as an output; 
“Electronic delivery”, “secure electronic signature ”, “certified 
electronic signature” – are as defined in the Elect ronic Signature 
Law, 5761-2001; 
“Output” – as such is defined in the Computers Law,  5755-1995; 
(2) Fees in respect of applications, notices, actio ns and services 
under this Ordinance; 
(3) Procedures for appeals, objections and applicat ions under this 
Ordinance; 
(4) In relation to any matter pertaining to the imp lementation of 
Chapter Eight–One, provided that in any matter in r espect of 
which there are provisions in the Protocol or in th e Madrid 
Regulations, as such are defined in the said Chapte r, the 
regulation shall be made under the Protocol and und er the 
Madrid Regulations; 
(5) The manner of preservation of documents submitt ed to the 
Registrar under this Ordinance, including by electr onic means;  38  (6) Scrutiny of the Register, as well as the extrac tion and 
distribution of certified copies of the entries in the Register 
including by means of electronic documents as such are defined 
in Paragraph (1). 
 
(b) Regulations under subsection (a) (2) shall be m ade with the 
approval of the Economics Committee of the Knesset.  
   
Variation of the 
Schedule 
(Amendment No.5) 
5763-2003 71A The Minister may, by order, vary the Schedule 
Regulations by 
Registrar (Amendment 
No.5) 5763-2003 72 Subject to the provisions of this Ordinance the Registrar may, 
with the approval of the Minister, make regulations , prescribe 
forms and generally do such things as he may think expedient in 
relation to the following: 
(1) Regulating the practice under this Ordinance; 
Amendment No.6 
5767-2007  (2) Repealed 
  (3) Classifying goods for the purpose of registrat ion of 
trademarks; 
(4) Making or requiring duplicates of trademarks  a nd other 
documents; 
(5) Securing and regulating the publishing, selling  and 
distribution of copies of trademarks and other docu ments in such 
manner as the Registrar thinks fit; 
(6) Regulating every other item of the business of the office in 
relation to trademarks and every other matter place d by this 
Ordinance under the control of the Registrar.  
 
  Schedule  
(Section 56A) 
(The Amendments to the Madrid Regulations) 
 
Yaakov S. Shapiro  
The Minister of Justice 
 
Appendix: Translations of the terms appearing in th e 
Madrid protocol and in the Madrid Regulations 
 
[List of terms in English translated from the Hebre w]    
  39   
Comparison Table 
The Previous Section The New Section The Previous S ection  The New Section 
1 The Name 19B 51 
2 1 19C 52 
2A 2 19D 53 
2B 3 20 31 
3 opening passage 4 21(1) 32 
3 concluding passage 5 21(2) 33 
4 Repealed 21(3) 34 
5 6 21(3) Proviso 35 
6 7 22 41 
7(1), (2) 8 23 49 
7(3) 9 24 37 
7(4)- (6) 10 25(1)-(4) 38 
8 11 25(5)  39 
8A 12 25(6) 40 
9 13 26 46 
10 14 27 36 
10A 15 28(1) 43 
11(1) 17 28(2) 44 
11(2) 18 28(3) 45 
11(3) 19 29 64 
11(4) 20 30 Repealed 
11A 16 31 42 
12 21 32 65 
13 23 33 63 
14(1)-(4) 24 34 57 
14(5)- (9) 25 35 58 
15(1) opening passage 26 36 47 
15(1) concluding passage 27 37 49 
15(2) 28 38(1) 60 
16 22 38(2) 61 
17 29 39 62 
18 30 40 66 
19 48 40A 69 
19A 50 40B 67  40   
The Previous Section The New Section The Previous S ection  The New Section 
40C 68   
41 54   
41A 55   
42 56   
45 71   
46 72   
47 70   
48 Repealed