(1) The amended law introduces the concept of a well-known mark which is determined by a number of factors, including the degree to which the mark is known in the relevant trade circles. An action for infringement can be based on such a mark, whether or not it is registered in Israel. However, an unregistered well-known mark has limited protection, i.e. with respect only to the same or similar goods or services and the remedy is restricted to an injunction. On the other hand, a registered well-known mark has broader protection, i.e. with respect to dissimilar goods or services and the remedy extends to damages, as well as injunctive relief.

(2) The amended law bars the registration of appellations of origin containing misleading indications. Trademarks in respect of wines or other alcoholic beverages, where the marks contain an appellation of origin that differs from the actual origin of the goods, will be refused registration, whether or not the false indication is misleading.

(3) In accordance with Article 11 of the Paris Convention, the amended law provides that unregistered trademarks used in relation to goods exhibited at official international exhibitions are deemed to be protected temporarily for the duration of the exhibition.

(4) Under the new law the level of proof needed to show distinctiveness of a mark which has been registered in a foreign jurisdiction is now less than previously required.

(5) The provision under the old law setting a 5-year term for bringing cancellation proceedings against registrations, whether or not they were obtained in bad faith, has been amended. Under the new law, a registration obtained in bad faith may be cancelled at any time.

(6) The period of non-use rendering a registration vulnerable to cancellation has been extended from 2 years to 3 years. In addition, the definition of use has been broadened to include use of a mark which is similar, but not identical, to the registered mark. In addition, use by a licensee now qualifies as use by the trademark owner for the purpose of defending against a non-use cancellation action.

(7) The amended law provides additional remedies against infringement, including destruction of the infringing goods and transfer of possession of such goods to the trademark owner.

(8) A provision has been included whereby a trademark owner, whose mark is at risk of being infringed or who has knowledge of an actual infringement, may request the customs authorities to seize and hold potentially infringing goods.