Israel Patent Office Clarifies Grounds for 3D Trademarks

June 1, 2009

In Appeal Proceeding TM 169606, Adjudicator of IP, Noach Shalev Shmulovich considered whether to allow a registered trademark for the shape of a vodka bottle.

The “Kremlyovskaya vodka bottle” in question is shown below:

 

The Applicant showed that the mark was successfully registered in  other jurisdictions and
produced evidence of local and worldwide sales . 

 Following the Tofiffee decision 11487/03 August Storck vs. Alfa Intuit Food Stuffs Ltd. , the decision relates to the open question of whether containers should be protectable as trademarks. Read the rest of this entry »