Ownership of a New Logo and Trademark Registration
Once you've acquired your new logo, you become its owner and are responsible for its use, copyright, and trademark registration if needed. Here are some frequently asked questions with relevant answers:
What is a trademark or registered trademark?
A trademark is a symbol that identifies your product or brand. It can include a name, logo, slogan, unique font design, a 3D product, or even a character. Registering a trademark provides strong legal protection. Today, you can even register unique colors (though this is challenging) as part of your brand identity. Trademark protection is granted by the Patent, Design, and Trademark Office.
What is the difference between TM and ® symbols?
TM indicates that the user considers the mark a trademark representing their business, and they may have applied for trademark registration. ® signifies that the trademark is officially registered, granting its owner legal protection under trademark law.
Am I required to register my business name or logo as a trademark?
No, registration is not mandatory, but without it, your business and its reputation are not legally protected. For example, if a competitor opens a similar business with a similar name or logo, you cannot sue them for infringing a protected trademark. While you may pursue legal action for unfair competition, this process can be lengthy and costly.
Can any mark be registered?
Not all marks are eligible for registration. Generic marks, those confusingly similar to existing trademarks, symbols resembling state emblems or institutions, and marks with religious or offensive connotations cannot be registered, though they may still be used.
How do I register a logo?
To register a logo, submit an application to the Trademarks Department at the Patent Office and pay the required filing fee as outlined in the regulations.
How much does it cost to register a logo?
If you file the application yourself, you'll only need to pay the filing fee (approximately 2,000 ILS, regardless of approval). If you hire an attorney, you will also need to pay their professional fees in addition to the filing fees.
Can only companies register a logo?
No, an individual can register a logo as well.
Can a website address be registered as a trademark?
A website address can be registered if it is part of a logo or combined with a business name. However, registering a domain name alone as a trademark is not possible.
How long does it take to register a trademark?
After submitting an application, it is reviewed by trademark examiners to determine eligibility. The review process typically takes about five months, depending on workload. Once approved, the trademark is published in the Trademark Gazette. If no objections are filed within three months, the mark is registered, and a certificate is issued.
Can one application protect multiple trademarks?
No, a single application can only protect one trademark. For example, if you submit an application for a combination of a name, logo, and slogan, the protection applies to the combination as a whole. Separate applications are required for individual elements.
Can the same trademark be registered for different goods or services?
Yes, if the goods or services fall under different classifications, a single application can include multiple types of goods or services.
Can I use my logo before it is registered?
Yes, registration grants exclusive usage rights, but even without registration, you can use your logo. However, until it is registered, you cannot rely on the legal protections provided to registered trademarks.
Will registering a trademark in Israel protect it globally?
No, trademark protection applies only in the country where it is registered. However, you can file an international application through the Israeli office to register the trademark in all member countries of the international treaty.
How can I ensure my intended trademark is not already owned by someone else?
It’s recommended to conduct a search before applying for trademark registration. You can perform a free search using the Patent Office’s online database or request a paid official search conducted by trademark examiners.
How long does a trademark remain valid?
Trademarks can remain valid indefinitely, provided renewal fees are paid every ten years from the date of registration.