New examination policies for slogans and 3-D marks
The Israeli registrar of patents, designs and trademarks has issued two circulars that outline new examination policies for slogans and three-dimensional marks.
The circulars indicate that three-dimensional marks will be accepted for registration only in special and exceptional cases. Applicants must demonstrate that two cumulative conditions have been fulfilled, namely the three-dimensional sign must (i) have been used in a way that marks the goods in question and identifies their origin, and (ii) have acquired distinctive character through use to the extent that the registrar believes that the circumstances are special and exceptional.
A slogan will be eligible for registration as a trademark only if the applicant can prove that (i) the mark has acquired distinctive character through use, and (ii) the relevant public make a connection between the goods or services to which the slogan applies and their origin. Registrations for composite marks that include a slogan will be conditional on a disclaimer of the slogan, unless the evidence outlined above is also submitted.
The new policy is already in effect and several official actions have been issued.
Shelly Zohar, Reinhold Cohn & Partners, Tel Aviv
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