Trademark Registration
Trademark registration / How to register a trademark
What is a trademark?
"Trademark" is an inclusive term for both a trade name and a trade logo - the logo of the product. For example, the symbol of Mercedes, or for example the symbol of the eaten apple of Apple.
On the other hand, "trade name" is just the name of the product or the company. For example Facebook is the name of the company, Macintosh is the name of a product. A trade name is one of the types of trademark.
A trademark is a sign that a business uses to allow customers to identify its products, and to differentiate the products from those of competitors.
A trademark can be the product's unique name, such as Bamba, and it can be the product's logo, such as the cow on Elite's chocolate. The logo can of course be the company's own, like the Coca Cola logo.
What is a registered trademark?
A registered trademark is actually a trademark of the company that has gone through the process of registration with the state, with the trademark registrar. The registered trademark is a trademark registered in the trademark registry, it is an asset, and its ownership is property for all intents and purposes. This asset is called "intellectual property" and is part of the set of categories of "intellectual property" (other categories are "copyrights", "trade secrets", and "patents").
Why do a trademark registration / trade name registration?
Do you have a startup company and have you chosen a commercial name? Did you design a logo? The trademark and trade name owned by the company must now be registered internationally.
Imagine that you invest a lot of money in the development of the product and start marketing it, and just at the moment when the big sales started, some unknown company started pouring fake products into the market, but they will call them by the name of your product, and mark them with your company or product logo. That way the competing company will eat a large part of your income.
You will want to file a lawsuit, but suddenly you will find that there is no protection for your logo and the trade name of your product or company, and you will not be able to prevent the distribution of the fake products.
This is also true for competing apps, competing websites, a competing social media site, and any other product or service!
Therefore, the trademark must be registered in Israel, and then the trademark must be registered abroad.
Trademark registration gives the owner of the trademark rights of ownership in the trademark. This protects the trademark owner from consumers who like his product from confusion by his competitors.
To illustrate, let's say that the Coca-Cola trademark is mine and it marks my high-quality and popular beverage products.
Let's say that the mark "Coca Cola" is not a registered mark in the trademark register, so legally this mark is not mine even though I invented this mark.
In such a situation, a company called Cal-Cola can produce an imitation cola drink and label it as "Coca Cola", thus confusing consumers. Consumers will buy the drink "Coca-Cola" produced by Cal-Cola.
The result? Cal-Cola earns much more, but some consumers also do not enjoy the quality of my product and think that my product has become bad, so they stop purchasing. After all, the trademark is a kind of promise of the quality of the product, and if there is a competitor who copies this mark for his product, this promise to the consumer is violated.
Therefore, registering the trademark with the trademark registrar protects the mark from unauthorized use by other competing businesses of the mark. The registration of the trademark gives the owner of the mark commercial and economic advantages. By registering a trademark, the owner receives extensive legal protection by ensuring the ability to prevent unwanted use of the trademark. This helps the owner build the brand, protect the brand, create, retain and grow customers.
How to register a trademark?
The trademark registration process is carried out by a trademark attorney.
First, trademark registration begins with a search for existing trademarks, which may prevent the registration of a trademark. That is, the first thing to do is to perform a trademark search and also a trade name search internationally to make sure that the trade name and trademark you wish to register does not conflict with any other mark or trade name.
The search should be carried out with expertise, and the exercise of discretion regarding the evaluation of the chances of receiving the application for trademark registration.
You will receive a written opinion detailing all the countries where a similar or identical name exists, and which product or service categories the name or mark belongs to. If the categories do not conflict with your product category, and if there is a big enough difference, it will be possible to register the mark or trademark in that country.
You will also get a breakdown of the countries where you cannot use the mark or trade name. This restriction was due to the fact that another company registered the name or trademark in that country, and therefore you will be forced to enter into negotiations with that company in order to obtain permission or rights to market your product or service in that country under the same name. Of course, as a law firm in the international commercial field, we can help with the issue.
Then decide which "types" you want to receive protection. What is type? A type is a category of products for which trademark protection is sought. For example, the word Bamba will receive protection in food products, but not necessarily in the field of underwear. It can be determined that the trademark marks more than one category of goods.
The meaning of the term "goods type" is actually the category to which the product or service belongs. You can request to associate the product to all categories, but there are 45 categories and this requires payment for each additional type of goods. There is usually no need for such an expensive registration, but it is recommended to register the product in one or two categories, according to relevance.
In the next step, an application for trademark registration must be prepared and submitted to the Registrar of Trademarks in Israel. The application should be submitted with laser-precise details, because if there is a mistake in the application after it has been received by the trademark registrar, it cannot be changed anymore. In this request, you must specify who owns the trademark, what type of products the trademark signifies, etc.
In the next step, the trademark registrar will examine the application for trademark registration that we submitted for you, and if there are no problems, he will accept the application. If there are objections, the trademark registrar will usually request clarifications or narrowing of the applicability of the mark to prevent the protection of the mark from being too broad. This stage must be managed in a very strict manner, and the handling ability of a trademark lawyer is expressed here in its full weight.
After the objections on the part of the trademark registrar are over, he will accept the application for trademark registration and publish it publicly for objections for 3 months. If no objections are filed, the trademark will be registered in the trademark registry and the applicant will receive ownership rights to the trademark, which means that the trademark becomes an asset for all intents and purposes.
How long does it take to register a trademark?
The usual period of time to review the application for trademark registration within 4-5 months! After the application for trademark registration is approved, an additional period of 3 months will be added to this period of time for the publication of the trademark for objections.
However, at Hodorov law firm, we know how to help you in justified cases to get to the top of the queue and receive an immediate examination within a few days, thus saving months of waiting!
Global Trademark registration
Ownership of a trademark is limited to the territory in which it is located. For example, if you register a trademark in Israel, the protection of that trademark is exclusively within the borders of Israel. This means that in other parts of the world it will be possible to use this trademark without any interference.
Hence the need to register the trademark in other countries as well, especially in the markets where you intend to operate.
Therefore, immediately after submitting an application for trademark registration in Israel, you must register a global trademark or register a global trade name.
An application for registering a trademark abroad or an application for registering a trademark abroad can be submitted immediately after submitting the application for trademark registration in Israel, and there is no need to wait for the approval of the application in Israel.
However, it is not possible to register a trademark abroad without submitting an application for trademark registration in Israel. In order to register a trademark abroad, in other words, it is first necessary to submit an application for trademark registration in the State of Israel. Only then can the trademark be registered internationally.
What is the cost of trademark registration?
There is a trademark registration fee which depends on the number of "types" that the client requests to register (see definition above what is a "type"). The payment to the state is usually a minimum of several thousand shekels for submitting the application. In Israel, as of the date of writing this article, the registration fee for one type of good is 1,606 NIS, and an application for each additional type of good within the same application is 1,215 NIS. During the application or at the beginning of it, there may be additional minimal fees depending on the registration request.
The fees of a trademark attorney also amount to a few thousand for the request itself, plus some extra for handling any opposition from the trademark registrar, if any.
When it comes to registering a trademark in Europe or registering a trademark in the US, the amounts are usually slightly higher.
The costs of registration abroad are mainly based on the question in which countries you want to register the trademark.
For example, basic registration fee - 653 Swiss francs.
For example, registration in all EU countries at once - 897 Swiss francs as well as 55 francs for registering an additional product category, if any.
Registration in the USA - 301 Swiss francs as well as 301 francs for registering an additional product category.
To register the trade name in any additional country, additional fees must be paid for each country, and costs vary by country. Regarding most western countries, the cost of registration is 100 francs, but there are countries where there is a fee of different cost. For example in Japan the cost of registration is divided into two - 92 francs for the start of registration + 70 for the start of registration of another classification, and then in the second part of the registration - another 229 francs for each type (458 francs in total).
The service we provide
If you believe in your product but understand that competitors may copy it to confuse your customers, you must register a trademark as early as possible. Don't skimp on future-proofing your product, future-proofing your app, future-proofing your social media site.
We know how to register trademarks expertly and efficiently.
Examining trademarks in Israel and globally and providing opinions
Our office writes an opinion in which a trademark check is carried out, to determine what the chances are of registering the same trademark.
The opinions determine the legality of the use of the trademark in the country. In addition, the opinions include the options for registering the trade name in the State of Israel and abroad, the list of competitors using the trade name, as well as the legal meanings.
After a comprehensive examination as part of the preparation of the opinion, it is possible to estimate the possibility of registration, as well as the cost of registering the trademark.
Registration of trade name and trademark in Israel and abroad
Hodorov law firm offers its services for registering trademarks in the State of Israel and other countries.
We will register a trademark for you in any country you choose. Among other things, I know how to submit an application for trademark registration in Europe, and an application for trademark registration in the US, or in any other country.
If you have come this far in reading the guide, I hope you already understand that you are in good hands for trademark registration. We will register a trademark for you quickly and efficiently. You are invited to contact us now free of charge to receive a free initial legal consultation with attorney Tamir Hodorov, for registering a trademark with a trademark attorney, by phone +972-52-5690866 or by WhatsApp, or by contacting us in "Contact" through the website.
When you turn to the Hodorov attorneys' office, you will find professional assistance that reflects extensive experience, effective and high-quality solutions for trademark registration, with a minimum of time and costs. Contact us today to begin the immediate process of registering a trademark in Israel and abroad.
We will accompany you from the beginning of the process to the end. We will help you and guide you according to our best experience, answer all your questions, and offer you solutions if necessary.
√ We will help you define the product categories in which the trademark will be registered
√ We will file a trademark registration application for you
√ If possible, we will jump you to the front of the queue and shorten your months of waiting
√ We will handle any objections that may arise, either from the trademark registrar or from competitors.
√ We will receive the trademark ownership registration certificate from the trademark registrar at the end of the process.
√ You will receive legal advice throughout the trademark registration process.
√ You will receive personal and close treatment regarding any problem
√ You will receive fast and direct service, with exact schedules for performing each operation and service.
√ You will get the benefit of our extensive experience in trademark registration.
Contact us now free of charge to receive a free initial legal consultation with attorney Tamir Hodorov, for trademark registration with a trademark attorney, by phone +972-52-5690866 or by WhatsApp, or by contacting us in "Contact" through the website.