Protecting Trademarks in Israel’s Tech Ecosystem
Building a strong brand is not optional—it’s essential. In this article, Erin Sherf, Head of our Trademark and Design practice, shares practical insights on how startups can avoid costly mistakes, secure their trademarks early, and turn brand protection into a competitive edge.
1️. What are some of the most common mistakes you see startups make when it comes to trademarks—and how can they avoid them?
One of the most common mistakes is treating trademarks as an afterthought. Many startups focus on product development and branding without checking whether the name they’ve chosen is legally available or protectable. This can lead to costly rebranding or legal disputes down the line.
We also often see early-stage startups assume no one will copy their name because they’re still small or relatively unknown. Others choose descriptive or generic names that simply describe their product or service and start building their brand around them—without checking whether the name is even registrable. The problem is, descriptive names are usually not eligible for trademark protection, as they must remain available for public use. In other cases, they may later discover that similar-sounding names, even if not identical, can also block their registration due to likelihood of confusion.
From our experience, trademark infringement disputes can arise at any stage and affect companies of all sizes. In fact, smaller companies are often more vulnerable—because when they do find themselves in legal trouble or face a cease-and-desist letter, they typically lack the resources to fight back. In many cases, they’re forced to rebrand, which is costly and disruptive. That’s precisely why early trademark clearance and registration is so important—it’s a strategic move that can prevent major problems later on.
It’s also important to remember that trademark protection is territorial, meaning it applies country by country. Clearance searches and filings should therefore be tailored to the client’s specific business plans and target markets.
2️. Israel moves fast. How do you help clients balance quick go-to-market strategies with making sure their trademarks are properly locked down?
Israel’s startup ecosystem moves at lightning speed, and we fully understand the pressure to launch quickly. That’s why we work closely with startups to develop a trademark strategy that supports their go-to-market goals without compromising on protection. This often includes running expedited clearance searches, prioritizing key marks for immediate filing, and advising on potential risks—so they can move fast with confidence.
We always recommend that startups come to us as early as possible—even if they’re still in product development. Early trademark planning can save a lot of time, money, and frustration later on. We know that before funding, every expense counts, but trademark strategy is one area where early action really pays off.
Too often, startups wait until the last minute and discover that the name they’ve built their brand around is already taken or not eligible for registration—because it’s too descriptive or conflicts with an existing mark. At that point, rebranding can be painful, especially if they’ve already launched or gained traction. Changing the name is much easier at the beginning, when there’s still flexibility.
Additionally, there are smart filing techniques—like fast-track examination requests—that can help speed up the registration process when timing is tight. With the right legal support, startups can balance agility with long-term brand security.
3️. How early should founders be thinking about international protection, and which markets tend to pose the most risk or friction?
Founders should start thinking about international trademark protection as soon as they have concrete plans to operate, sell, or seek investment abroad. The earlier they plan, the more tools and strategies are available—such as claiming priority from an initial application or using the Madrid Protocol to streamline filings across multiple countries.
In terms of risk, markets like China and the U.S. tend to pose the most friction due to their competitive landscapes, high volume of filings, and first-to-file systems. We often recommend prioritizing those jurisdictions early in the process to avoid bad-faith filings or missed opportunities.
The European Union is also a key territory for many startups—but it comes with unique risks. Because an EU trademark covers all 27 member states, the chance of conflicting with an existing mark is significantly higher. A conflict in just one country can block the entire EU application. That’s why careful clearance and smart filing strategy are essential when Europe is on the roadmap.
Planning early allows startups to protect their brand globally while avoiding unexpected legal or commercial setbacks later on.
4️. Do you find that investors are starting to pay closer attention to trademark strength during funding rounds—or is it still overlooked until there’s a problem?
It’s becoming more common for investors—especially in later-stage rounds—to review trademark portfolios as part of due diligence. They’re looking for clean ownership, proper filings, and freedom to operate. That said, we still see early-stage startups caught off guard when a funding deal stalls due to unresolved IP issues. A strong trademark strategy can actually become a competitive advantage in funding rounds.
