Trademarks Comparative Guide

1 Legal framework

1.1 What is the statutory or other source of trademark rights?

• The Trade Marks Ordinance (New Version), 5732-1972;
• The Merchandise Marks Ordinance, 1929;
• The Protection of Appellation of Origin and Geographical Indications Law, 5725-1965; and
• The Commercial Wrongs Law, 5759-1999 (Section 1 - Passing Off).

1.2 How do trademark rights arise (ie, through use or registration)?

Trademark rights arise primarily through use, but also through registration.

1.3 What is the statutory or other source of the trademark registration scheme?

• The Trade Marks Ordinance (New Version), 5732-1972;
• The Trade Marks Regulations, 1940;
• The Trade Marks Regulations (Appeal before the District Court), 5748-1987; and