Can A Slogan Be A Registered Trademark In Israel?

A recent decision of the Deputy Registrar of the Israel Patent Office shows how difficult it can be to obtain a trademark registration in Israel for a slogan – even when the slogan has already been registered in a major jurisdiction such as the United Sates.

In application number 328636, filed 14 June 2022, Bristol-Myers Squibb Company requested registration in Israel for the mark, "TRANSFORMING PATIENTS' LIVES THROUGH SCIENCE". The application was filed in Class 44 for the following services: "Providing medical and pharmaceutical information on the topic of health issues and health awareness and pharmaceutical preparations for human use".

The examiner refused the application on the grounds that the mark lacked distinctiveness and was descriptive of the claimed services. The examiner further asserted that the mark was merely a slogan that could not function as a trademark, i.e., as an indicator of origin.