In an intermediate ruling concerning presenting evidence in trademark opposition proceedings concerning Israel Trademark Application Number 1722221 Emporio Valentini, new IP Arbitrator, Ms Yaara Shoshani Caspi has ruled as follows:
- Supporting documentary evidence should as a general rule be provided with a Hebrew translation.
- The Commissioner of Patents and Trademarks specifically allows submission in English (an official language in Israel, and the language that most patent applications are filed in). The type of case where English language evidence would be allowed, might be where an expert witness is native English speaker and it is important that he/she understands his/her affidavit.
- Expert Opinions and not just affidavits are acceptable evidentary submissions.
- Regarding whether notarized affidavit is acceptable or whether apostillation before Israeli Consul or Ambassador is required, the arbitrator decided to take a rain-check and rule when deciding the bigger issue.
Not a very interesting case to publish first rulings for, but that is not Ms Shoshani Caspi’s fault. The representatives of the parties concerned, veteran IP lawyers Yaakov Kalderon representing applicant and Gilat Bareket represesting opposer raise issues in these imterim proceedings, and the arbitrator has to relate to issues raised.
The decision as to awarding legal costs is postponed until the main ruling.
