Acceptable Types of Marks

According to Section 1 of the Ordinance, a mark means "letters, numerals, words, devices or other signs or combinations thereof, whether two-dimensional or three-dimensional."

Three-dimensional marks

Three-dimensional marks used as the indication of origin of specific goods, such as car hood ornaments (mascots) are protectable in the same way as the more common two-dimensional mark. In contradistinction, the shape of a product or its packaging is generally regarded as lacking inherent distinctiveness. Nevertheless, such shapes can be registered as trademarks if it is shown that the shape serves a trademark role, is not primarily aesthetic or functional and has acquired an exceptional level of distinctiveness. The iconic Coca Cola bottle is an example of an allowed trademark.

Sensory Marks

Since the Ordinance relates to two and three dimensional marks having spatial dimensions, it is questionable if the term devices or other signs can be understood to include auditory or olfactory marks, i.e. sounds, fragrances or tastes. Whereas such devices could theoretically be considered as distinctive indications of origin, there are no Israeli precedents of trademarks of this type and it is not clear how such marks could be unambiguously defined in words or graphically as required to be submitted on a paper form or electronically in an appropriate format.

Ineligible Marks

Under Section 11 of the Ordinance, the following trademarks are ineligible for registration:

• A mark refer to some connections with the President of the State of Israel or to presidential patronage,
• Flags and emblems of the State and of foreign states and organizations.  
• Official signs, seals and armorial bearings,
• Marks containing the words: patents, royal letters patent, copyright etc.  
• A mark which is injurious to the public or to morality;
• A mark likely to deceive the public such as a geographical indication in respect of goods not originating in the geographical area indicated,
• An exclusively religious emblem,
• A mark bearing the representation of a person unless with consent,
• A mark consisting of numerals, letters or words in common use in trade to distinguish or describe goods or which bear direct reference to the character or quality of the goods intended to be covered by the mark.