In some countries (with an Anglo-Saxon trademark history) trademark offices may cite earlier rights as a bar in order to avoid confusion among consumers. The Israeli Patent and Trademark Department applies a different approach. It only informs the trademark owner that, in case the mark will be granted protection in Israel, it will notify the owner of the earlier similar mark. If an IR mark owner does not take any steps, the mark will therefore be accepted in Israel. However, it might be an option to waive protection of the mark for Israel upon receipt of the initial notification by the office in order to let sleeping dogs lie.

Practical impact:

No steps have to be taken by the IR mark owner if the Israeli Patent and Trademark Department cites potentially conflicting earlier rights. The IR mark owner, however, then needs reliable guidance by experienced IR mark lawyers whether or not to take the risk associated with further prosecution of his mark in Israel.