Thursday, December 6, 2007

Trademarks: Request to revoke a mark filed by its Owner during proceedings for cancellation needs the Commissioner's approval

A request by Zol Lamehadrin, an Israeli food chain to cancel the registered of a mark owned by its competitor, Shupersal, was filed with the Commissioner of Patents.
Within the proceedings, the owner of the mark requested to revoke the mark. The Commissioner held that revocation of a mark is the owner's right, but when requested within proceedings, it amounts to a request to put a hold to proceedings, and would therefore need the Commissioner's approval. Such request must be considered against the rival's interest, in a way which will not deprived the rival from the right to get a final decision in its favor which will conclude the proceedings.
It was further held that proceedings would be ended since the party filing for cancellation of a mark did not request its continuation. Accordingly, the mark was revoked as requested by the owner, and the request for cancellation was deleted. The Commissioner ruled that the owner of the canceled mark has been prolonging the proceedings and by that lead to high costs spent by the party filed for the cancellation of the mark. Hence, the owner was obliged to pay actual compensation amount to 45,000 NIS.

Zol Lamahadrin Ltd vs. Shupersal Ltd.

Yaara Shoshani

Appelfeld Zer Fisher

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