Tuesday, August 7, 2007

Trademarks:Israeli Commissioner erases "Love Parade" trademark application

The Israeli Trademark office rules to allow an Israeli company ("Musica Plus") to continue with registration of the trademark "Love Parade", and erased applications of Love Parade Berlin GmbH, a German company holding "love parades" all over the world.

The trademark office ruled that in a proceeding according to section 29 of the Israeli Trademark Act (Competing Applications), the following considerations will be applied:
A. Good faith of the parties in choosing the trademark.
B. The extent of use in Israel up to the request for registration.
C.The dates of filing the trademark applications. The trademark office further ruled that in such a proceeding, the question is whom should the trademark office prefer as user of the trademark, and it is a factual question. Representatives from LPB did not attend the hearing and therefore, their affidavits were deleted, and they had no evidence to support any of their claims.

A trademark owner of a famous trademark should conclude from this ruling that it would be wise to apply to an Israeli trademark as soon as possible, as the protection of the famous trademark may not suffice.

Zeev Fisher, Adv.

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