Clarifications to Examination Policy

The Israeli Registrar of Trade Marks recently issued several Circulars, addressing the policy of the Israel Trade Marks Office ("the ITMO") with respect to the examination of different types of trademark applications. Below is a brief summary of the contents of each such Circular:

1. Slogans—the Registrar's Circular provides that the eligibility of a slogan to be registered as trademark will depend upon the following criteria being met:

(a) that the slogan has acquired distinctive character as a consequence of use. As a general principle, a slogan is regarded as lacking any distinctive character and/or as relating directly to the nature of the relevant goods or services. Thus, in order for a slogan to be registrable, it will need to have acquired distinctive character through use; and -