On appeal, the Deputy Commissioner of Patents and trademarks at the Israel Patent Office has upheld a trademark examiner’s decision not to allow registration of Ein Gedi as a name for cosmetics (decision re application number 171632), but in the parallel case number TM 171834, has allowed the name together with a graphic element as follows:
The applications, filed by Ein Gedi Cosmetics LTD., relate to perfumes, cosmetic preparations and other products; all included in class 3.
The ruling considers the name of the oasis and Kibbutz by the Dead Sea somewhat indicative of the product type due to the health properties of dead sea minerals, and, presumably the persimmon oil extracted there in Mishnaic times.
The ruling establishes a link between the place name and cosmetics and since the goods are not manufactured there, the name is not arbitrary and is apparently deceptive since the cosmetics are not being manufactured there.
Although apparently deceptive, the place name with the graphic element is considered descriptive.
Ein Gedi is also a registered trademark for mineral water, and the tradename of Tnuva’s camembert type cheese.
The oasis is one of the places where David, fleeing from Saul, hid himself. It is known for its wildlife including hyraxes and ibexes (hyraces and ibices?), wolves and hyenas and for the occasional sighting of leopards, one of Israel’s rarest animals.
Interestingly, the attorney handling the cases, Adv. Moshe Goldberg, himself, once held the position of Commissioner of Patents and Trademarks. Since moving into private practice, Goldberg has tried to broaden the scope of allowable marks, with previous failed attempts to obtain trademark protection including cardboard boxes with cutout windows serving as packaging for perfume bottles.
Another intersting point is that the distinctive elemens of the allowed Ein gedi mark, i.e. the graphic waves are somewhat similar to the logo of the Israel Patent and Tradeamrk Office, in its new branding – as the Israel Patent Agency.
That said, we don’t believe there is a real likelihood of confusion between Ein Gedi cosmetics and the services that the Israel Patent and Trademark Office provides. Then again, I am not sure that Ein Gedi as a word mark was particularly confusing either…
