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  Israel Trademark Opposition - Relevant provisions of the Israeli Trademark Law (Ordinance)
Formal Translation

23/1/2009


24. Opposition

(a) Any person may within three months, or within such othertime as may be prescribed, from the date of the advertisement, file with the Registrar a notice of opposition to the registration of the mark.

(a1) the following are causes for opposition to the registration of a mark:

(1) there is a reason for which the registrar may, under the provisions of this Ordinance, refuse the application for registration;

(2) the opponent claims that he is the owner of the mark;

(b) The notice shall be given 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 counter statement to the opposition, setting forth the grounds on which he relies for his application.

)e) If the applicant does not send a counterstatement 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 given 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.

  1. An appeal under this seciton shall be made within thirty days from the date of the decision of the Registrar.

(b1) The appellant shall notify the Registrar of the filing of an appeal under this section within 30 days of the date of its filing.

(c) In the appeal the Court shall, if required to do so, hear the parties and the Registrar and shall give a judgement 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 the 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 save 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 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, there having been opposition, it has been decided in the favor of the applicant, the Registrar shall on payment of the prescribed fees, unless the application has been accepted in error or unless the Court otherwise directs, register the trade mark.



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