ILTMO Update: Professional titles and designations are not registrable as certification marks
In a recent decision, the ILTMO clarified the criteria for determining eligibility for the registration of certification marks in Israel.
The ILTMO rejected an application filed by the Institute of Certified Public Accountants in Israel to register “Senior Payroll Accountant” (in Hebrew) as a certification mark for services in Classes 35 and 41. Relying on Israeli and US case law, the ILTMO adopted a functional test whereby a mark is registrable as a certification mark only if it functions in a manner that leads the public to perceive it as certifying or guaranteeing a particular characteristic of the relevant product or service.
Based on this functional test, the ILTMO concluded that the mark “Senior Payroll Accountant” would be perceived by the public as an advanced professional rank of a payroll accountant rather than as a certification or guarantee of the quality of the relevant services. The ILTMO noted that this conclusion is consistent with foreign judicial decisions in which marks describing a professional rank, applied for by certifying bodies, were held to be non-registrable.
As an additional ground for refusing the registration of “Senior Payroll Accountant” as a certification mark in respect of the services in Class 41, the ILTMO held that these services are provided by applicant. A certification mark, however, is intended to certify goods or services supplied by third parties and cannot be used to certify the certifying body’s own goods or services. Accordingly, “Senior Payroll Accountant” is not eligible for registration as a certification mark in respect of applicant’s own services.
Given the scarce Israeli case law concerning certification marks, the ILTMO latest decision, holding that professional titles are ineligible for registration as certification marks, provides important guidance regarding the registrability of certification marks in Israel.
[ILTMO decision of July 29, 2026, Trademark Application No. 370459 — “Senior Payroll Accountant”, filed by the Institute of Certified Public Accountants in Israel]
This update article is provided for general information only and is not in lieu of legal advice. Please contact us directly for any required advice on specific matters.