Madrid Designations of Israel: Responding to ILPO Provisional Refusals

Israel has been a member of the Madrid Protocol since 2010. Each international registration designating Israel is examined by the Israel Patent Office (ILPO) as if it were a national application. If the examiner raises objections, the ILPO issues a provisional refusal, notified through WIPO. A response must be filed by an Israeli representative.

Common grounds for provisional refusal in Israel

  • Specification of goods and services. The ILPO often objects to terms it considers vague or too broad, including some class headings and general terms accepted elsewhere. This is the most frequent objection, and it is usually resolved by amending the list of goods and services.
  • Lack of distinctiveness. Marks found descriptive, laudatory or common to the trade.
  • Conflict with earlier marks. Earlier Israeli registrations or applications for similar marks covering similar goods or services.
  • Other grounds. For example, marks found misleading as to origin or quality, or containing elements the ILPO considers non-registrable.

How we respond

  1. Report within days. We send you the refusal in English, with Hebrew content translated at no extra charge, together with our analysis of each ground and a recommended strategy.
  2. Amend the specification. Where the objection concerns wording, we propose acceptable Israeli terms that keep your coverage as close as possible to the international registration.
  3. Argue distinctiveness or non-confusion. We prepare written arguments and, where useful, evidence of use or acquired distinctiveness in Israel.
  4. Negotiate with earlier rights holders. Where an earlier mark is cited, we assess the options, including limiting the goods, a consent or coexistence arrangement, or challenging the earlier mark for non-use.
  5. Request extensions only where needed. Response deadlines can be extended on payment of official fees, but we aim to respond within the original term.

After the refusal is overcome

Once the ILPO accepts the designation, it is published for opposition. Third parties may oppose within three months of publication. If no opposition is filed, protection in Israel is confirmed and a statement of grant of protection is sent to WIPO.

Practical points

  • A power of attorney is needed to file a response. A scan of the signed document is sufficient, with no notarization or legalization.
  • We keep you informed of status and upcoming deadlines throughout, and explain any Hebrew communication from the ILPO in English at no extra charge.
  • Our good working relationship with Israeli trademark examiners often helps resolve objections efficiently.

Partial acceptance

If only some goods or services are objected to, the remainder can usually proceed. We advise whether to fight for the refused items or accept a limitation and move forward.

Forward the provisional refusal notice to info@allpatents.co.il. We will confirm the deadline and send an initial assessment and cost estimate. For national filings, see Filing and Prosecuting Trademarks in Israel.