On 29 April 2008, the Commissioner of Patents, Dr. Meir Noam, issued guidelines regarding registering 3D trademarks in Israel. see Circular M.N. 61.
Essentially, Noam’s position is that objects such as packaging should be protected by registered design law. Thus protection should last for up to 15 years, and only be available if the object in question was registered prior to usage.
However, if it can be shown that due to sufficient usage, a bottle or other package has aquired distinction, and the shape is more than functional or aesthetic but indicative of content, it may be possible to register same as a trademark.
Examples include pills, whiskey and perfume bottles, etc.
We note that in the past, the famous Coke bottle design and also the Perier bottle, were registered as trademarks in Israel.
I am not sure that I agree with Dr. Noam’s contention that there is a worry that design law will lose its significance. The fact that something is registerable as a design should have no effect on whether it can be registered as a trademark. Each type of protection should be available if appropriate and if the criteria are fulfilled.
Once Israel implements Madrid, one would presume that 3D trademarks originating abroad will be granted protection in Israel. Then again, since the shapes of bottles etc. are partially aesthetic and partially functional, should one be prevented from using some design for ever, merely because someone else is using it?
If a mark is sufficiently well known, such as the distinctive Viagra pill, for example, (which I have heard is a distinctive blue colour), then the owners could presumably prosecute under the Unjust Enrichment Laws.
