In the recently published Registrar Circular No. M.N. 69, dated 24 December 2008 (the "Circular"), the Registrar clarifies the interpretation of "publication in Israel" for the purpose of the novelty requirement in designs.
In practice it appears that, although the language of the law requires "local novelty", following the publication of the Circular, the definition of "local" has now been expanded to also include dated publications available over the Internet.
Background:
According to Section 30 of the Patents and Designs Ordinance (the "Ordinance"), one of the eligibility requirements for designs is that it has "not been published in Israel" prior to the application date.
Until now, design applications were examined vis-à-vis design applications filed in Israel before their filing date.
The
Posted by: Miriam Hackmey in well-known marks, Well Known Marks, Trademarks, trademark, Trade Marks, Lawsuits, law, Israel, famous marks, Decision on
Jul 02, 2008
"Local" VERSACE registrations removed from Israeli Trade Mark Register
In a recent decision dated 29 June 2008, the Israeli Intellectual Property Adjudicator ordered the removal from the register of five registrations in respect of the trade mark Versace in various forms including Hebrew versions of the mark. The registrations were almost 20 years old.
The Israeli proprietor of the removed registrations, Versace 83 Ltd. owned by the Zadik Fur Bros., obtained the registrations at the time after the well known Italian fashion house Gianni Versace S.p.A. withdrew its oppositions. Since 2000, following the expansion of the Israeli "VERSACE" chain and the opening of many branches in prime locations, Gianni Versace S.p.A. took various actions in order to stop the commercial use of the mark and
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