Laboratoire Remede and Remede Spa Considered Generic

Ruling the French names simply generic combinations of common distinctive words, the Deputy Patent Commissioner, Noach Shalev Shmulovits of the Israel Patent and Trademark Office has refused to allow Laboratoire Remede, (Healing Laboratory) for creams, gels, shampoos, conditioners and the like in class 3, and Remede Spa (healing spa) for class 44, covering spas and massages.

The term Remede Spa was graphically rendered, but since it had not been in commercial use in Israel, was not considered as having acquired distinction by virtue of the graphics.

I suspect unhelpfully to the applicants,   Remede Spa was allowed for cosmetics not intended for use at spas and Laboratoire Remede was allowed for spa services.

 I am not personally familiar with the products, but from the description on the website, they could no doubt improve my complexion. See www.remede.com/spa.html and http://www.remede.com/home.html

The decision is in line with the recent American Apparel decision, also dissallowed as being descriptive. I wonder though; why can’t a generic name in a foreign language become distinctive through usage?

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