WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/lIISRlT/l 
14 March 2000 
(00-0998) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
ISRAEL 
The present document reproduces the textl of the Trademarks Ordinance (New Version) 
5732-1972, as notified by Israel under Article 63.2 of the Agreement (see document IP/N/1/ISRl1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETI!: INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
ISRAEL 
Le present document contient le textel de I'Ordonnance 5732-1972 sur les marques de 
fabrique ou de commerce (nouvelle version), notifiee par Israel au titre de l'article 63:2 de l'Accord 
(voir le document IP/N/l/ISRll). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
ISRAEL 
En el presente documento se reproduce el textol de la Ordenanza sobre marcas de fabrica 
(nueva version) 5732-1972, notificada por Israel de conformidad con el parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/l/ISRll). 
1 English only.lAnglais seulement.!En ingles solamente. IPINIlIISRlTI1 
Page 2 
Definitions 1. TRADE .l\!:\RKS ORDI:\:\I\CE (NE,\-, VERSION), 5732-1972 * 
CHAPTER OXE: INTERPRETATION 
In this Ordinance -
"mark" means letters, numerals, words, devices or other signs, 
or combinations thereof, whether two-dimensional or three­
dimensional; 
"trade mark" means a mark used, or intended to be used, by 
a person in relation to goods he manufactures' or deals in; 
"registered trade mark" means a trade mark registered in the 
Register of Trade l\'larks under the provisions of this Ordinance; 
"service mark" means a mark used, or intended to be used, by 
a person in r~lation 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 certify 
the origin, components, mode of manufacture, quality or any 
other characteristics of goods in which he is interested, or to 
certify the nature, quality or type of a service in which he is 
interested; 
"collective mark" means a trade mark or service mark 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 entitled thereto -
(1) of a registered trade mark, Or of a mark resembling such 
a trade mark, in relation to goods in respect of which the trade 
mark is registered 01' to goods of the same description; 
(2) of a registered trade mark in advertising goods of the 
class in respect of which the mark is registered or goods of the 
same description; 
"Union state" means a state which is a member of the Union 
for the Protection of Industrial Property under the Paris 
* Puhlished in Dinci Medinat Yisrael (Nusach Chadash) No. 26 of the 19th 
Sivan, 5732 (ht June, 1972), p. 511. Earlier version: P.C. of 193B, Supp\. 1. 
p. 126; P.C. of 1941, Suppl. I, p. 150; I.R. of 570B, Suppl. 1, p. Y 1 -LSI 
vol. I, p. Y5; Se/er lia-ChuU:im of 5716, p. 28 -LSI yol. X, p. 26 ;Sejer 
I1a-ChuHim of 5725, p. 94 -LSI vol. XIX, p. 93_ COllvention for the Protection of Industrial Property 1 and 
includes territories to which the Co mention has been extended 
under article 16 bis of the Convention. 
2. Save as otherwise pro\'ided, the provisions of this Ordinance 
which apply to trade marks shall apply mutatis mutandis to sen'ice 
marks, and every reference in this Ordinance to a trade mark or to 
goods shall be deemed to include a service mark or a service. 
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 e\'ery reference in this Ordinance to a trade mark 
or service mark shall be deemed to include a certification mark and a 
collective mark. 
CHAPTER T~o: REGISTER OF TRADE MARKS 
4. There shall be kept under this Ordinance a register for the 
registration of trade marks (hereinafter referred to as "the Register"). 
Registration shall be according to the following particulars: 
(1) the name, address and occupation of the proprietor of 
the mark; 
(2) notifications of assignments, transmissions and authorisa­
tions; 
(3) disclaimers; 
(4) conditions and limitations; 
(5) any such other particular relating to registered trade 
marks as may be prescribed. 
5. The Minister of Justice shall appoint a Registrar of Trade Marks 
(hereinafter referred to as "the Registrar"), under whose control the 
Register shall be kept. 
6. (a) The Register shall at all convenient times be open to 
inspection by the public in accordance with regulations. 
(b) A certified copy of any entry shall be given to any person 
requesting the same on payment of the required fee. 
CHAPTER THREE: ELIGIBILITY FOR REGISTRATION 
'7. A person desirous of having the exclusive right to use some mark 
,as a trade mark may apply for the registration of such mark under 
the provisions of this Ordinance. 
1. Kitvei Amana vol. X, p. 405. IP/NIlIISRlTI 1 
Page 3 
Applicabil ity 
of pro\'i"ion~ to 
senice marb. 
Pro\'isions as to 
certification 
mark and 
collecth'e mark. 
Register and 
con ten Is thereof. 
The Registrar. 
Register to be 
open to public. 
Exclusive right 
to trade; mark. IPINIlIISRlTI1 
Page 4 
~rarks elif!ible 
for registration. 
Limitation to 
certain colours. 
Scope of 
application of 
regi~tration. 
Marks ineligible 
for registration. 8. (a) Ko mark is eligible for registration as a trade mark unless 
it is adapted to di~tiIlguish the goods of the proprietor of the mark 
from those of other persons (a mark so adapted being hereinafter 
referred to as a "distinctiye mark"). 
(b) In determining whether a trade mark is distinctive, the 
Registrar or the Court may, in the case of a trade mark in actual use, 
take into consideration the extent to which such use has rendered such 
trade mark in fact distinctive for goods in respect of which it is 
registered or intended to be registered. 
9. A trade mark lllay be limited in whole or in part to one or more 
specified colours, and in sue.h case the fact that it is so limited shall 
be taken into consideration by the Registrar or Court having to decide 
on the distinctiye character of such trade mark. If and so far as a 
trade mark is registered without limitation of colour, it shall be deemed 
to be registered for all coluurs. 
10. (a) A trade mark must be registered in respect of particular 
goods or classes of goods. 
(b) Any queslion as to the class within which any goods fall 
shall be determined by the Registrar, whose decision shall be final. 
n. The following marks are not eligible for registration: 
(1) a mark referring to some connection with the President of 
the State or hi:; huusehold or to presidental patronage or a 
mark from which any such connection or patronage might be 
inferred; 
(2) Bags and emblems of the State or its institutions, flags 
and emblems of foreign states or international organisations, 
and any mark resembling any of these; 
(3) public armorial bearings, official signs or seals used by 
any state to indicate control or warranty, and any sign resembling 
any of these and any sign from which it might be inferred that 
its proprietor enjoys the patronage of or supplies goods or 
renders service::; to a head of state or a government, unless it is 
proved to the rr.gistrar that the proprietor of the mark is entitled 
to use it; 
(4) marks in whit:h the following words appear: -
"Patent", "Patented", "By Royal Letters Palent", "Reg­
istered", "Hegistered design", "Copyright", "To counter­
feit this is furgery" or words to like effect; 
(5) marks which are or may be injurious to public policy 
or morality; (6) marks likdy to deceh"e the public, marks which contain 
false indicatioli:: of origin, and marks which encourage unfair 
trade competitivn ; 
(7) marks idenlical with or similar to emblems of exclusiyely 
religious significulIce; 
(8) a mark on which the representation of a person appears, 
unless the consent of that person has been obtained; in the case 
of the representation of a deceased person, the Registrar shall 
request the con:iellt of his surviYors unless, in his opinion, 
reasonable grounJ::i exist for not doing so; 
(9) a mark identical with one belonging to a different proprietor 
which is already on the register in respect of the same goods 
or description uI goods, or so nearly resembling such a mark 
as to be calculateJ tu deceive; 
(10) marks consistillg of numerals, letters or words which are 
in common use in trade to distinguish or describe goods or 
classes of goods or which hear direct reference to their character 
and quality, unle:is lhe marks have" a distinctive character within 
the meaning of section 8 (b) or 9 ; 
(ll) a mark whose ordinary signification is geographical or 
a surname, unle:i::; represented in a special manner or unless 
having a distinctive character within the meaning of section 8 (b) 
or 9. 
12. The Registrar may refuse an application for registration of a 
trade mark identical wilh or resembling the name or business name 
of another person, or cuulaining a name identical or resembling as 
aforesaid; if the mark is likely to deceive the public or to cause unfair 
competition. 
13. Where a mark contains also a name or description of any goods, 
the Registrar may refu:;e tu register it in respect of other goods; but 
he may so register it if in actual use the mark varies according to the 
goods for which it is uscd and the applicant adds a note to such effect 
in his application. 
14. (a) The Registrar may register a certification mark if he is 
satisfied that the proprietor of the mark is competent to certify the 
characteristics to be designalcd by the mark. 
(b) A certification mark is capable of registration even if it 
lacks distinctiveness as rCfjui red by section 8 (a) . 
(c) A certification mark may only be transferred with the 
permission of the Registrar. IP/N/lIISRlTIl 
Page 5 
Mark identical 
with name of 
other person. 
Name or 
description 
of good~. 
Registration of 
certification 
mark. IPINlllISRlT/l 
Page 6 
Redstrntion of 
collecti\'c mark. 
Registration of 
marks registered 
abroad. 
Application. 15. (a) The Regi:.:trar may register a colIecti\"e mark if he is 
satisfied that it is inl('lJ(]eJ for use by the members of the body of 
persons concerned and tl1:1t such body has control oYer the use of the 
mark by its members. 
(b ) For every (ll! rjlose of this Ordinance, the use of a collective 
mark by a member of the lJOdy shall be deemed to be Use thereof by 
the body, whether or 1I0t the body itself uses or intends to use it. 
(c) A collective lllark may only be transferred with the 
permission of the Regi~lnH. 
16. (a) ~otwithstallt1ing the pronSlQns of sections 8 to 11, the 
Registrar shall not refuse tu register a trade mark registered as a trade 
mark in its country of origin unless -
(1) regi:'ilralinn of the mark in Israel will infringe 
rights acquireJ in Israel by another person; or 
(2) the mark lacks distinctiveness; or . 
(3) the mark consists exclusively of signs or indications 
which may SCTve in trade to designate the kind, quality, 
quantity, pluc:c of origin, intended p~rpose, time of 
productiolJ or value of the goods; or 
(4) the mark is customary in current language or bona­
fide and eSlaLljshed trade practices in Israel; or 
(5) the mark is contrary to public order or to morality; 
or 
(6) the mark is likely to deceive the public. 
(b) For the purpu~:cs of a trade mark whose registration under 
this section is applied for, "country of origin" means the Union state 
. in which the applicant has an effective or serious industrial or com­
mercial establishment or, if he has no such establishment within a 
state as aforesaid, the Union state in which he has his domicile or, if he 
has no domicile within a state as aforesaid, the Union state of which 
he is a national. 
(c) \\,'here 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 application and 
in the register. 
CHAPTER FOUR: REGISTRATIO:-; PROCEEDINGS 
17. Any person claiming to be the proprietor of a trade mark used 
or intended to be used by him who is desirous of registering the same 
shall apply in writing to the Registrar in the prescribed manner. IS. Subject to the pronSlOns of this Ordinance, the Registrar may 
refuse an application or accept it ab:::olutely or subject to conditions, 
amendments or modificatiom, or to such limitations as to mode or 
place of use or othen,·ise as he may think right to impose. 
19. \\There the Registrar refuses an application, his decision shall be 
subject to appeal to the Supreme Court. 
20. The Registrar or the Supreme Court may at any time, whether 
before or after acceptance, correct any error in or in connection with 
an application or may permit an applicant to amend his application 
upon such terms as they may think fit. 
21. (a) If a trade mark contains matter common to the trade or 
othen,-ise of a non-distincth-e character, and it appears to the Registrar 
or the Supreme Court that the proprietor of the mark is not entitled 
to the exclusiye use of such matter or of part thereof, they may, in 
deciding whether such trade mark shall be entered or shall remain 
upon the Register, as a condition thereof require that the proprietor 
disclaim any right to the exclusi,-e Use of such matter or make such 
other disclaimer as they may consider necessary in order to define his 
rights under the registration. 
(b) A disclaimer under this section shall not affect any rights 
of the proprietor of the trade mark except such as arise out of the 
registration of the mark. 
22. (a) Where the applicant has not complied with a demand 
of the Registrar within the time prescribed by him, and the Registrar 
has gi,-en the applicant notice in writing on the prescribed form, and 
three months have passed from the date of the notice and the applicant 
has still r:ot complied with the 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 by regulations and the applicant has given reasonable 
grounds for the request. 
23. When an application has been accepted, whether absolutely or 
subject to conditions or limitations, the Registrar shall, as soon as 
possible after such acceptance and at the expense of the applicant, 
advertise the application, as accepted, in the prescribed manner, 
specifying every condition and limitation subject to which it has been 
accepted. IP/N/1/ISRlTIl 
Page 7 
Powers of 
Registrar. 
Appeal. 
Errors and 
corrections. 
Requirement 
of disclaimer. 
Cancellation of 
applications. 
Advertisement. IP/N/1/ISRlT/l 
Page 8 
Opposition. 
Appeal. 
Registration. 24. (a) Any person may within three months, or within such other 
time as may be prescribed, from the date of the adYertisement, file 
wilh the Registrar a notice of opposition to the registration of the mark. 
(b) The notice shall be gi\-en in writing in the prescribed 
manner, and shall include a statement of the grounds of opposition. 
(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 counterstatement to the 
opposition, setting forth the grounds on which he relies for his 
application. 
(e) If the applicant does not send a counterstatemant as afore· 
said, he shall be deemed to haye abandoned his application. 
(f) If the applicant sends a counterstatement, the Registrar 
shall furnish a copy thereof to the person who has notice of opposition 
and shall, after hearing the parties, if so required, and considering 
the evidence, decide whether, and subject to what conditions, registration 
is to be permitted. 
25. (a) A decision of the Registrar under section 24(f) shall be 
subject to appeal to the Supreme Court. 
(b) An appeal under this section shall be made within thirty 
days from the date of the decision of the Registrar. 
(c) In the appeal the Court shall, if required, to do so, hear 
the parties and the Registrar and shall give a judgment determining 
whether, and subject to what conditions, registration is to be permitted. 
(d) During the hearing of the appeal any party may, either 
in the manner prescribed or by special leave of the Court, bring forward 
further material for the consideration of the Court. 
(e) The opponent or the Registrar may take no further grounds 
of opposition other than those stated by the opponent in the notice 
of opposition saye by leave of the court which hears the appeal. Where 
any grounds are taken by leave as aforesaid, the applicant may 
on giving notice as prescribed withdraw his application without payment 
of the costs of the opponent. 
(f) The Court may, after hearing the Registrar, permit the 
trade mark proposed to be registered to be modified in any manner not 
substantially affecting its identity. A mark so modified shall be advertised 
in the prescribed manner before being registered. 
26. When an application has been accepted and the time for notice 
of opposition has expired without there having been opposition or, haYing been OpposItIOn, it has been decided in fayour of the applicant, 
the registrar shall on payment of the prescribed fee, unless the 
application has been accepted III error or unless the Court otherwise 
directs, register the trade mark. 
27. The date on which the application for registration of a trade 
mark was filed shall be entered as the date of registration thereof. 
28. On the registration of a trade mark, the Registrar shall Issue 
to the applicant a certificate of registration in the prescribed form. 
29. Where separate applications are made by different persons to be 
registered as proprietors respectively of identical or similar trade marks 
in respect of the same goods or description of goods, the Registrar may 
refrain from registering any of such persons until their rights have 
been determined by agreement between them approved by the Registrar. 
In the absence of such agreement, the Registrar shall refer the dispute 
to the Supreme Court. 
30. (a) \\There it appears to the Registrar that there is honest 
concurrent use, or where there are other special circumstances which 
in his opinion justify the registration of identical or similar trade 
marks for the same goods or description of goods by more than one 
proprietor, the Registrar may permit such registration subject to such 
conditions and limitations, if any, as he may think fit. 
(b) A decision of the Registrar under subsection (a) shall be 
subject to appeal to the Supreme Court. The appeal shall be filed 
within thirty days from the date of the decision of the Registrar. In 
the app'eal, the Court shall have all the powers conferred upon the 
Registrar by subsection (a). 
CHAPTER FIVE: DCRATIO:-; AND RENEWAL OF REGISTRATION 
31. The registration of a trade mark shall be valid for seven years 
from the date of filing of the application and may thereafter be extended 
in accordance with the provisions of sections 32 to 35. 
32. The Registrar shall, on application made by the registered 
proprietor of a trade mark in the prescribed manner and within the 
prescribed period, renew the registration of such trade mark for a 
period of fourteen years from the date of expiration of the original 
registration or the last renewal of registration (such date hereinafter 
referred to as "the expiration date"). IP/N/lIISRlTIl 
Page 9 
Date of 
registration. 
Certifica te of 
registration. 
Riyal claims to 
identical marks. 
Concurrent use. 
Period of validity 
of registration. 
Renewal of 
registration. IPINIlIISRlTIl 
Page 10 
l'Iotice of 
expiration. 
L'nrenewed 
trade mark. 
Restrictions 
on renewal. 
Change in 
registration at 
proprietor's 
request. 33. (a) At the prescribed time before the expiration date, the 
Registrar shall send notice in the prescribed manner to the registered 
proprietor of the date at which the registration will expire and the 
conditions as to papllent of fees and other matters upon which 
registration will be renewed. 
(b) If the fee is not paid within six months after the expiration 
date, the Registrar shall remoye the trade mark from the Register; 
however-
(1) if the fee is paid within the said six months, it 
shall be increased by a prescribed amount; 
(2) if the Registrar is satisfied that it is just so to do, 
he may restore the registration, on such conditions as he 
may think fit, upon payment of the unpaid fee and the 
prescribed additional fee. 
34. Where a trade mark has been removed from the register for 
non·payment of the fee for renewal, such trade mark shall nevertheless, 
for the purpose of any application for registration during one year 
after such remoyal, be deemed to be a registered trade mark. 
35. The proyisions of section 34 shall not apply where the Registrar 
is satisfied either -
(1) that there has been no bona fide trade use of the trade mark 
during the two years preceding its removal; or 
(2) that no deception or confusion would be likely to arise 
from the use of the trade mark which is the subject of the 
application for registration by reason of any previous use of 
the trade mark which has been removed. 
CHAPTER SIX: CHA::\GES AND CANCELLATIONS 
36. (a) The Registrar may, on request made in the prescribed 
manner by the registered proprietor-
(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 trade mark is registered; 
(4) enter in respect of the trade mark any disclaimer 
or any memorandum which does not in any way extend 
the rights given by the existing registration; 
(5) cancel the entry of the trade mark in the Register. (b) Any decision of the Registrar under subsection (a) shall 
be subject to appeal to the Supreme Court. 
37. (a) The registercd proprietor of any trade mark may apply 
in the prescribed manner to the Registrar for leaye to add to or alter 
such trade mark in any manncr not substantially affecting its identity. 
(b) The Registrar may refuse leaye or may grant it subject to 
such conditions and limitations as he may think fit. Any such refusal 
or conditional or limited permission shall be appealable to the Supreme 
Court. 
(c) If leave is granted, the trade mark as altered shall be 
advertised in the prescribed manner. 
38. (a) Subject to the provisions of this Ordinance, any person 
considering himself aggrie,'ed by the non-insertion in or omission 
from the Register of any entry, or by any entry made in the Register 
without sufficient cause, or by any entry wrongly remaining on the 
Register, or by any error or defect in any entry in the Register, may 
make application in the prescribed manner to the Supreme Court or 
may, at his option, make such application in the first instance to the 
Registrar. 
(b) The Registrar may, at any stage of the proceedings, refer 
the application to the Supreme Court, or he may, after hearing the 
parties, determine the question between them subject to appeal to the 
Supreme Court. 
(c) The Supreme Court may, in any proceeding undF.r this 
section, decide any question that it may be necessary or expedient to 
decide in connection with the rectification of the Register. 
(d) In the case of fraud in the registration, assignment or 
transmission of a registered mark, the Registrar may himself apply 
to the Court under the proyisions of this section. 
39. (a) An application under section 38 for the removal of a trade 
mark from the Register on the ground that it is not not eligible for 
registration under sections 7 to 11 of the Ordinance, or on the ground 
that the mark creates an unfair competition in respect of the applicant's 
rights in Israel, must be made within five years of the issue of the 
certificate of registration under section 28. 
(b) Notwithstanding the provisions of subsection (a) -
(1) a trade mark of a non-resident registered in the 
country of origin shall not be removed from the Register 
save on grounds which under section 16 pre.clude 
registration; IPINIlIISRlTIl 
Page 11 
Alteration 
of mark at 
proprietor's 
request. 
Rectification 
of Register. 
Removal of mark 
from Register. IPIN/lIISRlT/I 
Page 12 
Procedure for 
rectification 
of Register. 
Cancellation of 
registration on 
grounds of 
non-use. (2) a trade mark of a non-resident which is not eligible 
for registration under the proyisions of sections 8 to 11 and 
which has been registered under the provisions of section 
16 may be remoycd from the Register at any time 011 any 
of the grounds precluding its registration under the 
provisions of sections 8 to 11 when it is no longer registered 
in the country of origin; nothing in this provision shall 
prevent the proprietor of the mark from proving that at 
the time of the application for removal the mark would 
have been eligible for registration upon application by a 
resident of Israel. 
40. \Vhere the Court orders the rectification of the Register, it shall 
direct that· notice of the rectification shall be served upon the Registrar 
by the successful party, and the Registrar shall, upon receipt of the 
notice, rectify the Register in accordance with the order. 
41. (a) \\"ithout prejudice to the generality of the prOVlSlOns of 
sections 38 to 40, application for the cancellation of the registration 
of a trade mark may be made by any person interested on the ground 
that there was no bona fide intention to use the trade mark in connection 
with the goods for which it is registered and that there has in fact been 
no bona fide use of the trade mark in connection with those goods, ir 
that there had not been any such use during the two years preceding 
the application for cancellation. 
(b) The provisions of subsection (a) shall not apply where it 
is proved that the non-use is due to special circumstances 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 trade mark m the event of any 
of the following: 
(1) use of the trade mark in Israel in advertising onl y, 
whether in the local press or in foreign newspapers reaching 
Israel, 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 authorisation to use the mark, 
given to a manufacturer in Israel under section 50, unless 
the authorisation is cancelled following an infringement 
of conditions or because the person who gave the au­
thorisation intends himself to manufacture the goo.ds for which the mark is to be used or to grant the authorisation 
to another manufacturer in Israel. 
(d) Application for cancellation may be made in the prescribed 
manner either to the Suprcme Court or, at the option of the applicant, 
mar be made in the first instance to the Registrar. 
(e) The Registrar may at any stage of the proceedings refer 
the application to the Supreme Court, or he may, after hearing the 
parties, determine the question between them subject to appeal to the 
Supreme Court. 
42. (a) In any legal proceeding in which the relief sought includes 
alteration or rectification of the Register, the Registrar shall haye the 
right to appear and be heard, and shall appear if so directed by the 
Court. 
(b) Unless otherwise directed by the Court, the Registrar in 
lieu of appearing and being heard may submit to the Court a statement 
in writing signed by him, gi'"ing particulars of the proceedings before 
him, or of the grounds of any decision given by him, in relation to the 
matter at issue or of the practice and procedure of the office in like 
cases or of such other matters relevant to the issue, and within his 
knowledge as Registrar, as he shall think fit, and a statement as aforesaid 
shall be deemed to be eyidence in the proceeding. 
43. The Registrar may, with the approval of the l\llinister of Justice, 
make such regulations, prescribe such forms and generally do such 
things as he thinks expedient for empowering him to amend the 
Register, whether by making or expunging or varying entries therein, 
so far as may be requisite for the purpose of adapting the designation 
therein of the goods or classes of goods in respect of which trade marks 
are registered to any substituted or amended classification that may 
be prescribe!L 
44. (a) The Registrar shall not, in exercise of any power conferred 
on him by section 43, make any amendment of the Register that would 
have the effect of adding any goods or classes of goods to those in 
respect of which a trade mark is registered (whether in one or more 
classes) immediately before the amendment is to be made, or of 
antedating the .registration of a trade mark in respect of any goods. 
(b) The provisions of subsection (a) shall not have effect 
in relation to goods as to which the Registrar is satisfied that compliance 
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 substatially prejudice the rights of any person. IP/N/l IISRlTI 1 
Page 13 
Registrar to 
have notice of 
proceeding for 
rectification. 
Regulations as to 
adaptation of 
entries to new 
classification. 
Adaptation 
of entries. IPINIlIISRJTIl 
Page 14 
Procedure for 
adaptation 
of entries. 
Right to 
exclusive use. 
Saving of 
genuine use. 
Transfer of 
trade mark. 45. (a) The Registrar shall notify any proposal for the amendment 
of the Register by yirtue of his power under section 44 to the registered 
proprietor of the trade mark affected. and the registered proprietor may 
appeal against such proposal to the Supreme Court. The proposal, with 
any modifications, shall be ad\-ertised. 
(b) A person who considers himself aggrieyed by the proposed 
amendment may oppose it before the Registrar on the ground that it 
contravenes the prOnSlOI1S of section 44, and the decision of the 
Registrar on the opposition shall be appealable to the Supreme Court. 
CHAPTER SEVE:,\: RIGHTS OF PROPRIETOR OF TRADE MARK 
46. (a) Subject to any condition or limitation entered in the 
Register, the yalid registration of a person as proprietor of a trade 
mark shall giye him the right to the exclush-e use of such trade mark 
upon, and in eyery matter relating to, the goods in respect of which 
it is registered. 
(b) \,\'here seyeral persons are registered proprietors of the 
same (or substantially the same) trade mark in respect of the same 
goods, each of them shall have the same rights as if he were the sole 
registered proprietor of such trade mark, but no rights of exclusive 
use of such trade mark shall be acquired by anyone of such persons 
as against any other by the registration thereof, except in so far as 
their respectiYe rights have been defined by the Registrar or the Supreme 
Court. 
47. Registration under this Ordinance shall not prevent any genuine 
use by a person of his own name or the name of his place of business 
or the name or name of the place of business of any of his predecessors 
in' business or the use by any person of any genuine deseri pt ion of the 
character or qual it)' of his goods. 
48. (a) A registered trade mark may be assigned by the proprietor 
thereof, or pass by operation of law, either with or without the good· 
will of the business concerned in the goods for which it has been 
registered. However, the Registrar may refuse to register a transfer as 
aforesaid if, in his opinion, the use of the mark by the transferee is 
likely to deceive the public or if, in his opinion, the transfer is contrary 
to public order. 
(b ) For the purposes of subsection (a), a trade mark for the 
registration of which an application is pending shall be deemed to be 
a registered trade mark. 49. (a) Where a person becomes entitled to a registered trade mark 
by assignment or by operation of law, he shall apply to the Registrar 
to register his title and the Registrar shall, on proof of title to his 
satisfaction, register him as the proprietor of the trade mark and shall 
make an entry in the Register, in the manner prescribed, of the transfer 
or of any instrument relating to the title. 
(b) Any decision of the Registrar under this section shall be 
subject to appeal to the Supreme Court. 
(c) Except in cases of appeals under this section, a document 
or instrument in respect of which no entry has been made in the 
Register under this section shall not be admitted in evidence in any court 
in proof of the title to a trade mark unless the Court otherwise directs. 
50. (a) The proprietor of a registered trade mark may authorise 
another person (in this section referred to as an "authorised person") 
to use such trade mark in relation to all or any of the goods in respect 
of which it is registered. 
(b) An authorisation shall not be valid unless it has been 
registered under the provisions of this section, and the Registrar may 
register it subject to such conditions and limitations as he may think 
fit. 
(c) So long as the authorised person uses the mark in relation 
to the goods, in the course of his business, in accordance with the 
authorisation and subject to any conditions and limitations attached 
thereto, his use of the mark shall be deemed to be exclusive use by 
the proprietor thereof. 
(d) The Registrar may register an authorisation if it has been 
proved to his satisfaction that the use of the trade mark in relation 
to the goods in respect of which registration is applied for is not 
contrary to public policy and is not likely to deceive. , 
51. (a) An application, in the prescribed form, for the registration 
of an authorisation shall be submitted by the proprietor of the mark 
and by the person to be registered as the authorised person and shall 
indicate, inter alia -
(1) the relationship between the proprietor of the mark 
and the person to be registered as the authorised person, 
including the extent of the control of the proprietor of 
the mark over the use thereof by the authorised person; 
(2) the goods in respect of which the authorisation is 
sought; 
(3) the conditions or limitations which are to apply to the IP/N/lIISRlTIl 
Page 15 
Registration 
of transfer. 
Authori~ation 
to use mark. 
Application for 
registration of 
authorisation. IP/N/1 IISRJTI 1 
Page 16 
Variation and 
cancellation of 
registration of 
authorisation. 
Right of appeal. 
Protection by 
virtue of mutual 
agreement. use of the mark by ,·irtue of the authorisation if the same 
is registered; 
(4) the period of \'alidity of the authorisation if its 
registration is requested for a determinate period. 
(b) The Registrar may demand any document, evidence or 
particular ",hich it appears to him may be useful in determining the 
application; 
(c) Particulars as referred to in subsections (a) and (b), 
other than particulars to be registered, shall not be open to inspection 
by the public. 
52. (a) The Registrar may, on application by the proprietor .of 
the mark in the prescribed form, vary the registration of an authorisation 
as to everything relating to the goods to which the authorisation applies 
and to the conditions and limitations to which it is subject. 
(b) The Registrar may cancel the registration of an authori~a­
tion on application by the authorised person in the prescribed form. 
(c) The Registrar may cancel the registration of an authorisa­
tion if he has been requested so to do and it has been proved to his 
satisfaction that the existence of the authorisation, or the use of the 
trade mark by the authorised person, is contrary to public policy or is 
likely to deceive. 
(d) Before cancelling an authorisation, or varying the conditions 
thereof, under this section, the Registrar shall give every interested 
party an opportunity to be heard. 
(e) \'\,'here the registration of a mark has been cancelled or 
removed from the Register, any authorisation given in respect thereof 
shall be void. 
(f) The provisions of this section shall not derogate from 
the provisions of sections 38 to 40. 
53. Decisions by the Registrar under section 50 to 52 shall be 
subject to appeal to the Supreme Court. 
CHAPTER EIGHT: REGISTRATIO:"I OF FOREIGN TRADE MARKS 
54. (a) If the Government has signed an agreement with the 
Government of a foreign state for mutual protection of trade marks, 
and the Minister of Foreign Affairs has notified such fact, then, so long 
as the agreement is in force, any person who has applied for protection 
for a trade mark in that state, or his legal representative or assignee, 
shall be entitled to registration of his trade mark under this Ordinance IPlN/lIISRlTIl 
Page 17 
in priority to other applicants, pro'"ided he· filed his application within 
six months from the date on which he applied for protection in the 
foreign state. 
(b) The pro,"isions of subsection (a) shall not entitle the 
proprietor of the trade mark to recoyer damages for infringements 
which occurred prior to the date on which his trade mark was actually 
registered in Israel. 
(c) The registration of a trade mark shall not be invalidated 
by reason only of its use ·in Israel during the six-month period referred 
to in subsection (a). 
55. (a) A person who has filed an application for the registration 
of "a . trade mark in a Union state, or the legal successor of such a 
person, may apply" for the· registration of the mark in Israel under 
the proyisions of this ~ection, and his application shall have priority 
over any application for registration filed after the date of filing of 
the application abroad. 
(b)" An application for registration under subsection (a) shall 
be filed within six months from the date of filing of the first application 
for registration of the mark. 
(c) The proyisions of this section shall not confer a right 
to damages for an infringement committed before the date of filing of 
the application for registration of the mark in Israel. 
56. An application for registration of a trade mark under section 54 
or 55 shall ~e made in the same manner as an ordinary application 
under this Ordinance. 
CHAPTER NI!,{E: INFRINGEME:.'-<T Protection bv 
virtue of Pa;is 
Convention. 
Filing of 
application. 
57. (a) The proprietor of a registered trade mark may bring an Action fnr 
action for infringement; the Court shall not entertain an action for infringemen t. 
infringement in respect of an unregistered trade mark. 
(b) The pro\risions of this section shall not derogate from the 
provisions offleotion .59 of the Civil Wrongs Ordinance (New Version)!. 
58. In an action for infringement, evidence shall be admitted of the 
usages' of the· trade in ;espect of the get-up of the goods for which 
the trade mark is registered and of any trade marks or get-up legitimately 
used in connection with such goods by other persons. 
1. Dinei AI edinat Yisrael (Nusach Chadash) No. 10, p. 266; supra, p. 5. Usages to he 
evidence. IPINIlIISRlTI1 
Page 18 
Relief. 
Offences. 
lnjunction. 
Order for 
forfeiture or 
destruction. . 59. In an action for infringement, the plaintiff shall be entitled to 
relief by way of injunction, and to damages in addition to any other 
relief which the court dealing with the case is competent to grant. 
CHAPTER TEN: PENALTIES 
60. A person who with intent to deceive commits or attempts to 
commit or aids or abets any other person in committing any of the 
following acts shall be liable to imprisonment for a term of one year 
or a fine of 1,500 pounds: 
(1) not being the proprietor thereof makes use of a registered 
trade mark or of an imitation of such a mark upon the same 
class of goods as that In respect of which the mark is 
registered; 
(2) sells, stores for the purposes of sale, or exposes for sale, 
goods bearing a mark the use of which is an offence under 
paragra ph (1) ; 
(3) uses for the purpose of advertising goods, in the press 
or in some other manner, a mark duly registered by another 
person in respect of goods of the same class; 
(4) makes, engraves, prints or sells any plate, die, block or 
other representation of a duly registered mark or any other 
imitation thereof for the purpose of enabling any person other 
than the registered proprietor of such mark to make use of such 
mark or an imitation thereof in connection with goods of the 
same class as those for which it is registered; 
(5) makes ~r causes to be made a false entry in the Register, 
or a writing falsely purporting to be a copy of an entry in the 
Register, or produces or tenders or causes to be produced or 
tendered in evidence any such writing, knowing the entry or 
writing to be false. 
61. After a conviction of an offence under section 60, the Court may, 
in lieu of or in addition to the prescribed penalties, issue an injunction 
against a repetition of the offence. 
62. The Court before which any person charged under section 60 
is brought may order the forfeiture or destruction of any goods, 
wrapping, packing or advertising material, or blocks, dies or other 
apparatus for printing the mark or other material in respect of which 
the offence was committed. 63. A person who represents a trade mark as registered which is 
not so registered shall be liable for eyery offence to a fine of 750 
pounds. A person shall be deemed, for the purposes of this section, 
to represent that a trade mark is registered if he uses in connection 
with the trade mark the word "registered" or any word expressing or 
implying that registration has been obtained for the trade mark. 
CHAPTER ELEVEN: EVIDENCE AND PROCEDURE 
64. In all legal proceedings relating to a registered trade mark the 
fact that a person is registered as proprietor of such trade mark shall 
be prima facie evidence of the validity of the original registration of 
such trade mark and all subsequent assignments and transmissions of 
the same. 
65. A certificate purporting to be under the hand of the Registrar 
as to any entry or as to any thing which he is authorised by this 
Ordinance or regulations made thereunder to do shall be prima facie 
evidence of the entry having been made and of the contents'thereof, and 
of the thing having been done or not done. 
66. Where any discretionary or other power is given to the Registrar 
by this Ordinance or regulations made thereunder, he shall not exercise 
that power adversely to the applicant for registration or the registered 
proprietor of the trade mark without, if required by him so to do within 
the prescribed time, giving him an opportunity to be heard. 
67. Subject to any regulation under this Ordinance, evidence in 
proceedings before the Registrar shall be by affidavit under section 15 
of the Evidence Ordinance (l\ew Version), 5731-19711, or by 
declaration m~de abroad under the law of the place where it is made, 
so long as the Registrar does not otherwise direct; but the Registrar 
may, if he thinks fit, take oral testimony in lieu of or in addition to 
written evidence, and may permit the deponent or declarant to be cross­
examined. 
68. The Registrar shall have the powers of a Judge of a Magistrates' 
Court as to comp~lling a witness to attend before him and as to hearing 
his testimony. 
69. In every proceeding before him, the Registrar may award to a 
party such <costs as to him seem reasonable. 
1. JJinei M edinat Yisracl (N usach Chadash) No. 18, p. 421; supra, p. 198. IP /N/lIISRlT /1 
Page 19 
False 
representation 
of mark. 
Registration to 
be evidence of 
validity. 
Certificate 
of Registrar. 
Hearing of 
applicant. 
Evidence before 
Registrar. 
Powers of 
Registrar 
with regard 
to witnesses. 
Costs. IP/NI1/ISRlTI 1 
Page 20 
Fees. 
Regulations 
by :Minister. 
Regul8.tions 
by Re'gistrar. CHAPTER TWELVE: FEES A:\D REGULATIO:XS 
70. There shall be paid in respect of applications, registrations and 
other matters under this Ordinance such fees as may be prescribed by 
regulations. 
71. The' Minister of Justice' may' make regulations prescribing 
procedure in appeals, oppositions, applications and references to the 
Supreme Court, under this Ordinance. 
72. Subject, to the provisions· of this Ordinance, the Registrar may,. 
with the appro,:al of the :Mini.ster of Justice, make reguiati(~ms, prescribe 
#mns' and generally do such things as 'he may think expedient -
(a) 
(b) for regulating the practice u·nder this Ordinance; 
for prescribing the fees payable under this Ordinance; 
(c) for classifying goods for the purpose of regist'ration of 
trade marks; 
(d) for, making or requiring duplicates of trade marks ami 
other' documents; 
(e) for securing and regulating the pubiishing and selling or 
distributing in such 'manner as the Registrar thinks fit, of copies 
of trade marks and other documents; 
(f) for regulating every other item of the business of the 
office in relation to trade 'marks and every other matter placed 
by this Ordinance under the control of the Registrar. 