A&E Networks unsuccessfully petitioned the Israel Registrar of Patents & Trademarks to allow registration of “The History Channel” as a trademark. An Examiner had previously rejected the mark as being descriptive and lacking distinctiveness.
A&E Networks claimed that their extensive use of the mark had invested it with an identity beyond its descriptive nature. The Registrar of Patents rejected this, ruling that the term was generic or descriptive and concluded that a TV viewer using a remote control to switch channels would determine that ”The History Channel” shows history programs, but would not determine from the name of the channel that a particular channel, i.e. that provided by A&E Networks, was being viewed unless shown a distinctive graphic logo.
This ruling contrasts with that given in the UK on the same subject, where the mark was allowed on Appeal.
