Israeli courts have sharpened their approach to intellectual property enforcement over the past 18 months. Rights holders who assumed that existing registrations offered reliable protection are now discovering that procedural gaps and outdated filings are being used against them in litigation. The risk of inaction has grown sharply.
Israel's intellectual property legislation has undergone judicial reinterpretation, with courts applying stricter standards to infringement claims and expanding the scrutiny applied to trademark application records and registration histories. International rights holders face a narrowing window to align their Israeli IP portfolios with current court expectations. Companies that have not reviewed their registrations since 2022 should treat this alert as an immediate action prompt.
This alert explains what has changed in Israeli court practice, which business categories are most exposed, and the concrete steps international companies should take now.
What has shifted in Israeli IP enforcement practice
Israeli courts have moved toward a more demanding evidentiary standard in infringement claims. In the past, a valid IP registration was often sufficient to establish a prima facie case. Courts now examine the commercial use of the registered right with greater scrutiny. Rights holders must demonstrate active, documented use in the relevant market segment.
Several developments define the current environment. First, courts have tightened the requirements around Nice classification (the international system for categorising goods and services in trademark filings). Registrations filed under broad or poorly particularised class descriptions are increasingly challenged during infringement proceedings. Defendants argue – and courts are receptive – that a vague specification undermines the scope of protection claimed.
Second, opposition proceedings (formal challenges filed against pending trademark applications before the Israeli Registrar of Trade Marks) have become more contested. The Registrar has signalled greater openness to well-evidenced third-party oppositions. This has two consequences: legitimate rights holders can defend their marks more effectively, but opportunistic challengers are also filing more frequently.
Third, the courts have reinforced the principle that an IP registration alone does not prevent a finding of bad faith where the applicant cannot demonstrate a genuine commercial connection to the protected goods or services. This applies to both domestic and foreign applicants seeking IP registration in Israel.
The practical effect is that companies with dormant or loosely maintained Israeli IP portfolios are more exposed than before. An infringer can now challenge not only the scope but the validity of your registration as part of their defence.
Which companies are affected – and what the threshold criteria are
The shifts described above affect a broad range of international businesses. The most exposed categories are the following.
- Technology and software companies that registered marks in Israel before 2020 under wide class descriptions without subsequent review.
- Consumer goods brands with Israeli distribution arrangements but no active local enforcement history.
- Pharmaceutical and medical device companies, where IP registration records intersect with regulatory filings and product authorisation timelines.
- Media and entertainment businesses whose content licensing arrangements depend on clearly scoped copyright or trademark protection.
The threshold criteria for heightened exposure are: a trademark application or registration that has not been reviewed or renewed in the past three years. a class specification that does not clearly map to current product or service offerings. no documented evidence of use in the Israeli market in the past 24 months. and any pending or recently concluded opposition proceedings against your mark.
Companies that meet one or more of these criteria face a material risk that their Israeli IP rights will be challenged – or that they will be unable to pursue an infringement claim effectively. The consequences can include loss of exclusivity, inability to stop a copyist, and exposure to cancellation proceedings initiated by competitors.
For companies also managing AI-generated content or technology-driven IP assets in the region, the intersection with AI and technology law in Israel creates additional complexity that deserves separate attention.
To receive an expert assessment of your Israeli IP portfolio and its exposure under current enforcement standards, contact us at info@ferrazwhitmore.com.
Immediate actions for international rights holders
The following steps should be completed as a matter of priority. Companies with active Israeli operations or pending infringement matters should treat the next 60 days as the relevant compliance window.
- Audit existing registrations. Review every trademark application and registration filed in Israel. Confirm that the Nice classification entries accurately reflect current goods and services. Where specifications are outdated or overly broad, prepare amendment or re-filing strategies.
- Compile use evidence. Gather documentation of commercial use in Israel for each registered mark – invoices, marketing materials, distribution records, and press coverage. This evidence base is now essential before filing any infringement claim.
- Monitor the opposition register. Check whether any third party has initiated opposition proceedings against your Israeli marks. The opposition window is defined under Israeli intellectual property legislation, and missed deadlines are not typically recoverable.
- Review pending applications. If you have trademark applications currently in examination, assess whether the class descriptions will withstand a well-funded opposition. Consider whether supplementary evidence of use or distinctiveness should be submitted proactively.
- Assess enforcement readiness. If you are aware of ongoing infringement in the Israeli market, the current judicial climate rewards rights holders who act promptly and with strong documentation. Delays reduce both the likelihood of interim relief and the damages recoverable.
Companies operating across the wider Middle East region may also find it useful to review the parallel alert on IP enforcement developments in the UAE. There. Comparable shifts in court and regulatory practice have been observed.
For a full review of your IP protection strategy in Israel – covering registration status, enforcement readiness, and opposition risk – our team advises on all aspects of intellectual property law in Israel. Contact us at info@ferrazwhitmore.com to schedule a preliminary review.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our intellectual property practice covers trademark application strategy, IP registration, opposition proceedings, and infringement claim management across both civil law and common law systems. In Israel, we support technology companies, consumer brands, and institutional rights holders in building and defending IP portfolios that meet current court standards. Our attorneys have advised on cross-border IP enforcement matters across the Middle East, Europe, and Asia-Pacific, combining Portuguese civil law expertise with English common law tradition. Engaging a lawyer in Israel with cross-border experience matters when enforcement standards shift – as they have now. As an international law firm advising on Israeli IP matters, Ferraz & Whitmore brings the dual-tradition perspective that complex multi-jurisdictional portfolios require. To discuss your situation, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.