Ein Gedi Cosmetics filed an appeal against the decision of the Israeli Patents Office to reject registration of its three trademark applications. Two of these applications applied to the product's packaging, while the third one applied to its figure.

The Israeli registrar held that there is no evidence that the requested trademarks have an inherent or acquired distinctive character. Furthermore, the registrar determined that the requested trademarks include functional elements which are the public's property.

In a decision held by the Israeli Supreme Court, given by the honorable judge Fogelman, it was determined that a trademark can be registered only  when an inherent or acquired distinctive character of the product is proved.

The court also determined that a three-dimensional trademark will be eligible for registration only if the product is not used for any functional cause and has an acquired a distinctive character. In case the product is used for any kind of functional cause it won't be eligible for registration as a trademark. The question whether a three-dimensional trademark which refers to a product's packaging can be registered only by an acquired distinctive character, remained unanswered.

The court specified that in this case no distinctive character, acquired or inherent, had been proved and commented that different demands should be applied when a trademark application refers to a product's packaging or to a product's figure.

Due to the fact that Ein Gedi Cosmetics failed to present a sufficient evidential basis, the court ruled that all three trademarks applications will be rejected.