Trademarks and the Law
Manufacturers use letters, digits, words, images, symbols or any combination of the aforementioned, to identify their merchandise, whether it be goods or services. Any and all trademarks must be registered and are the intellectual property of the business, to help existing and potential consumers identify the brand.
Upon registering the trademark, as detailed above, the owner thereby secures his or her or its exclusive rights to the use of the symbol, as well as reassuring the public of what stands behind the brand. It goes without saying that applications will have to be filed and it will take some time to check the validity and authenticity of the application, in accordance with the updated version of the Trade Marks Ordinance [New Version] 5732-1972, the Trademark Regulation 1940, along with any official guidelines pertaining to registration. The waiting period for registering can be ask long as 3 – 4 months and the process is rife with legal matters.
How Long is the Trademark Secured?
Even if your trademark will outlive you and be recognized by the public for the duration, your registration will expire and have to be renewed every ten years. That being said, modifications to the trademark also require paperwork and bureaucratic process. The trademarks department of the Israeli government can help you transfer ownership, record licenses and modify the owner’s own personal information, to name but a few things.
Some long-term, familiar trademarks in Israel are of the Bezeq phone company, Teva Pharmaceuticals and Tnuva dairy products. Other symbols, lesser known by the general public and more profession specific are the trademarks of hi-tech companies and other businesses.
What About International Commerce?
Pursuant to Israel’s joining the Madrid protocol, an applicant can obtain a registered trademark in Israel that can be valid and recognized in over 90 countries around the world. That kind of filing would be done under the “Madrid system,” under the auspices of the World Intellectual Property Organization (WIPO). Once this filing is complete, no further costs or maintenance are required.
Trademark Law in the US
In the United States, the trademark law is mainly governed by the Lanham Act that was enacted in 1946. Any kind of mark that is registered with the US Patent and Trademark Office is far more protected in federal courts than unregistered symbols. In the US, both registered and unregistered trademarks merit some degree of protection by the federal government, under this Act.
The United States, created to enable, defend and protect free enterprise, has protected trademarks since colonial times but Congress only first made any effort to establish a federal trademark regime in 1870.
Why is This Necessary?
Trademarks that become widely recognized, household names, save consumers much time and money by assuring them of a reliable purchase. Whatever red table a business must endure to get it, it’s a worthwhile investment. Again, whether a letter or letters, symbol, number or numbers, etc., one’s trademark is an enterprise’s identity.
A trusted lawyer on whom you can depend to pay meticulous attention to every detail is an invaluable part of the trademark registration process. David Page law offices should be your go to counsel and an inseparable part of any legal proceedings.
April 21, 2021
March 15, 2021