Free Consultation
Corporate Law

Can a foreign brand stop an Israeli company from copying its name without a registered trademark?

Often yes. Section 1 of the Commercial Torts Law 5759-1999 creates the tort of passing off (gneivat ayin), which protects a trader’s goodwill in Israel even where no trademark was ever registered. The claimant must prove two elements: that the name, logo or get-up has acquired reputation among Israeli consumers, and that the defendant’s use creates a real risk of confusion. Section 13 lets the court award up to NIS 100,000 per tort without proof of actual damage, and the Trade Marks Ordinance separately protects a well-known mark that was never filed in Israel. Registration is still far cheaper and faster to enforce, so the unregistered route works as a fallback rather than a strategy.

Israeli law protects commercial reputation through several overlapping doors. Passing off under Section 1 asks whether the buying public associates the mark with the claimant, and that reputation must exist in Israel, which for a foreign brand usually means evidence of local sales, advertising spend, press coverage or traffic from Israeli users. Section 2 adds a separate tort of false description, and Sections 5 to 11 govern trade secrets. Alongside the statute, the Trade Marks Ordinance [New Version] 5732-1972 gives a well-known mark protection without registration, and the law of unjust enrichment has been applied where copying is deliberate but confusion is hard to establish. None of these routes gives the presumption of validity that comes with a registered Israeli mark.

The practical weakness of an unregistered claim is evidence. A registered mark narrows the argument to similarity, while a passing-off claimant must first build a file proving Israeli reputation, which typically means consumer survey evidence, distributor affidavits and years of marketing records. Interim injunctions are available and are where most of these disputes are effectively decided, but the court will want to see that the claimant moved quickly, since a delay of even a few months undercuts the urgency argument. A foreign brand planning to enter the Israeli market should file its mark before the first shipment or press release, and should also check whether a local distributor has quietly registered the mark in its own name.

⚖ In Practice
  • Governing law: Sections 1, 2 and 13, Commercial Torts Law 5759-1999; Trade Marks Ordinance [New Version] 5732-1972 for well-known marks
  • Competent authority: District Court (Beit Mishpat Mehozi) for passing-off claims and injunctions; the Trade Marks Registrar for oppositions and cancellations
  • Statutory damages: up to NIS 100,000 per tort without proof of damage under Section 13
  • Registration cost: official filing fees of approximately NIS 1,700 for the first class and NIS 1,300 per additional class (2026), plus agent fees
  • Timeline: an interim injunction can be heard within days to a few weeks; a full passing-off trial commonly runs 18 to 36 months
  • Limitation period: seven years from the date the cause of action arose, under the Limitation Law 5718-1958

From the full guide: Trademark Registration in Israel: A Complete Guide for Foreign Companies and Brand Owners

Related Questions

Related Guides

Need legal help with this topic?
Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

← Browse all Q&A