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02 July 2019

How AI will revolutionise trademark searches

Researchers from Ben-Gurion University of the Negev, Israel have looked at how advanced AI tools will transform the way in which trademark searches are conducted in the future – and, in an exclusive guest post, expand on what this means for trademark practitioners.

21 May 2019

ILPTO upholds registration of former Soviet trademarks for sweets

The Israel Patent and Trademark Office has considered an interesting dispute concerning several marks registered in the name of two major Russian confectionery manufacturers for sweets from the Soviet era.

28 January 2019

ILPTO allows only partial registration of CAL AUTO due to confusing similarity with major credit company’s CAL mark

The Israel Patent and Trademark Office has partially upheld an opposition filed by a major credit company, Israel Credit Cards Ltd (abbreviated in Hebrew as ‘CAL’), against an application for the registration of CAL AUTO.

08 January 2019

Protecting and enforcing design rights: Israel

A design will be considered new if an identical design, or a design that differs only in non-essential details, has not been made available to the public before its disclosure date.

08 January 2019

Protecting and enforcing design rights: Israel

A design will be considered new if an identical design, or a design that differs only in non-essential details, has not been made available to the public before its disclosure date.

12 September 2018

Trademark procedures and strategies: Israel

While the Trademark Ordinance predominantly provides protection for registered trademarks, it also protects unregistered well-known trademarks.

24 July 2018

“Don’t panic” – new entrants to Madrid Protocol give mixed feedback on their experience since accession

​​​​​​​Law firm practitioners in jurisdictions that have adopted the Madrid Protocol in recent years have shared their experience in an exclusive survey. While some praised the system, other were scathing about its impact.

24 May 2018

No BIG DEAL? Supreme Court confirms likelihood of confusion between marks as used

Israel’s Supreme Court has confirmed that there was a likelihood of confusion between the word mark BIG DEAL and the stylised mark BIG DEAL. When comparing the marks as used side-by-side, the likelihood of confusion was apparent.

12 December 2017

No time limit to cancel trademark registrations filed in bad faith

The Tel Aviv District Court recently rejected a trademark infringement claim which had been filed by the owner of a local furniture chain against the purported use of the mark HABITAT in Israel by Habitat International.

24 October 2017

Israeli court addresses relationship between design protection and copyright

The Israeli Supreme Court recently dismissed claims by Fisher Price Inc and Mattel Inc of copyright infringement and passing off in a copy of a rocking chair.

27 July 2017

Apple’s iPad Mini registrable despite prior publication

In Apple Inc v The Registrar of Patents, Designs and Trademarks the Jerusalem District Court has overturned a decision by the Registrar of Patents, Designs and Trademarks which had rejected Apple’s Design Application 53627 with respect to the design of a tablet device on the grounds of prior publication.

29 March 2017

Trademark procedures and strategies: Israel

The courts have recently addressed the registration of 3D trademarks and slogans as trademarks – ruling that in certain cases, the shape of a product may be protected as a 3D trademark if it has acquired distinctiveness and is used as a trademark, and that a slogan which is filed for registration should be examined in the same manner as any other mark and should not be a priori considered inherently non-distinctive.

26 January 2017

Salvador Dali's publicity right found to be alive and kicking

The Central District Court has held that the judge-made right of publicity in respect of the name of Salvador Dali had survived the death of the artist for at least 25 years and devolved on the artist's estate, which was awarded compensation for the unauthorised use of the artist's name. Appeals to the Supreme Court are pending.

18 January 2017

Unregistered mark with reputation can enjoy protection

In The National Aluminium & Profile Co (foreign company) v Extal Ltd, the Jerusalem District Court has affirmed the deputy trademark registrar’s refusal to register a mark consisting of a lengthwise slit along aluminium profiles following an opposition by the owner of a long-used similar mark.