TM Update: ILTMO reevaluates and expands the tests for determining likelihood of confusion

In a recent decision, the ILTMO reevaluated and expanded the tests for determining likelihood of confusion under Israeli law de facto aligning Israeli standards with US case law. 

The ILTMO granted an opposition by The International Olympic Committee against a stylized trademark application for OLIMP Sport Nutrition in class 5. The recently appointed Trademarks Commissioner took advantage of this opportunity to reevaluate the scope of likelihood of confusion under IL case law. The Commissioner noted that in addition to point-of-sale confusion which is the simplest form of confusing similarity, IL courts also recognized “endorsement confusion” whereby consumers mistakenly assume that the product was approved by the trademark owner or that the trademark owner expanded in some way to a new market. The Commissioner further held that although the doctrines of post-sale confusion and initial consumer interest were questioned or not yet endorsed in IL case law, both doctrines can also be invoked in appropriate circumstances. The Commissioner reiterated that any evaluation of likelihood of confusion must account for the imperfect recollection of consumers while regarding the marks as a whole without dissecting them into their individual components. 

Thus, after more than a decade of decisions evaluating likelihood of confusion from a narrow perspective not providing sufficient significance to protection of goodwill, it appears that the ILTMO finally embarks on a new path [Opposition to IL 328895, decision dated February 25th, 2025].

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.