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 […]
ILPTO updates: Markman-style hearings in ILPTO proceedings and other noteworthy changes
The ILPTO has just published for public comments a new Draft Circular concerning judicial proceedings before the Office. While much of the document deals with the usual formal and procedural minutiae, it also includes several significant substantive proposals. The most notable change is the proposed introduction of preliminary hearings in pre-grant oppositions and revocation proceedings, […]
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 […]
IL TM Update: Court holds that smell-a-likes are not infringing
In a recent judgment, the Tel Aviv District Court held that the marketing of smell alike perfumes does not amount to trademark infringement and does not violate other goodwill-related causes of action. The defendant’s products were marketed under the defendant’s name “Oil de L’amor” below which appeared the word “compatible” in small font and then […]
IL TM Update: New Legislation To Encourage Parallel Importation
As part of government policy to encourage parallel importation, Amendment 23 of the Economic Competition Act, 2023 was enacted for the purpose of limiting activities by authorized importers to prevent parallel importation. Despite this recent legislative initiative, some exceptions to parallel trade still remain. One of the key provisions of the new legislation bans the […]
ILTMO Update: Bad Faith Use Of A Mark Can Lead To Its Revocation
In a recent precedential decision, the ILTMO held that bad faith use of a trademark registration can lead to its revocation. The decision involved a petition to revoke a trademark registration for a stylized logo design of the mark BMX for bicycles. When the trademark application was examined, the trademark owner conceded that BMX per […]
IL TM Update: Parallel Imports Not Permitted in Cases of Split TM Ownership
In a recent precedential judgment (CA 7934/20 Jafora v. Ben Shlush), the Israel Supreme Court held that in cases of split ownership of the same trademark in Israel and another country, trademark rights are not exhausted and parallel imports are not permitted. Jafora, Israel’s second largest manufacturer of soft drinks, is the registered owner of […]
ILTMO Update: New Instructions on ‘Cannabis Trademarks’
In a recent decision, the ILTMO held that ‘cannabis trademarks’ and trademarks containing derivatives of the word cannabis must be limited to cannabis-related goods and that the use of cannabis trademarks in connection with non-cannabis products may render them deceptive and subject to revocation. Applicant filed a trademark application for the mark CANNASMETICS in classes […]
IL TM Update: Important Decision on Non-Use and Recordal of Trademark Licenses
In a recent important decision, the ILTMO held that revocation of a trademark registration on grounds of non-use is discretionary and that registrations of well-known trademarks will not be revoked even if the use requirements were not satisfied. The ILTMO also significantly mitigated the adverse non-use consequences in case of failure to record trademark licenses. […]