Regarding Israel Trademark Application Numbers 173902 and 173903, “Bladeless Razor” - the IP Arbitrator, Noach Shalev Shmulovich has ruled that the phrase is descriptive, and thrown out the application.
One of the interesting points of contention was whether a descriptive phrase can aquire distinctiveness through usage, thereby become appropriate subject matter for trademark protection. The ruling does not answer this issue head-on, but evades it by claiming that the impressive sales of the product do not indicate that thepublic identifies the slogan as a trademark or name, but perhaps merely a description of the goods.
If this is the case, then perhaps a consistent indication that the name is to used as a trademark – with the letters TM as in the US, for example, may be sufficient to tip the balance. I don’t think we’ve heard the last on this topic. Not exactly revolutionary, but a fairly sound decision.
