1 October 2011TrademarksMichael Factor and Aharon Factor

Protecting 3D marks in Israel: a grey area

According to the Trademark Ordinance, a trademark may be either two or threedimensional. In practice, though it is possible to apply for three-dimensional trademarks, Patent Office Circular MN 61 curtails the registrability of such marks. Specifi cally, three-dimensional trademarks that depict just the goods that are intended to be covered by the mark are deemed to be not inherently distinctive.

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