400,000 Page Hits

November 17, 2015


IP Factor is delighted to announce finally reaching 400,000 page hits. We couldn’t have done it without our readers, So thank you!

The Fictitious Diary of a Young Girl, by Otto Frank – a Middle Aged Man

November 15, 2015


“In spite of everything I still believe that people are really good at heart. I simply can’t build up my hopes on a foundation consisting of confusion, misery and death.”

To protect Anne Frank from being exploited, the foundation that benefits from her diary has now decided that it wasn’t actually her diary at all, but rather a work by Otto Frank based on her diary, but which he fairly should be acknowledged as being a co-author. See here for more details. The ramification of this, is that instead of entering the public domain in Europe on January 1 next year, it will remain protected until 2050 which is 70 years since Otto Frank passed away in 1980.

Israel Patent Office to Allow Electronic Filing

November 11, 2015


On 21 October 2015, the Israel Patent Office published amendments 1 and 2 to the patent regulations for 2015.

The amendments come into effect as of 20 December 2015.

The first amendment regulates:

  • Electronic filing of patent applications, documents and notices and the requirement for applicants to identify themselves
  • Receipt of Office Actions and other documents by email from the Israel Patent Office
  • Intermediate requests in inter-partes actions
  • How documents should be exchanged in inter-partes actions
  • How printed submissions should be made, and that the front-page is no longer required
  • How post-allowance amendments should be made
  • The request for applications to be signed has been cancelled
  • The obligation on Mentor to alert the Patent Office regarding the start of training for trainee patent attorneys and when they have to do this
  • Appeals to the Commissioner regarding non-final rejections
  • Discounts in filing fees for Schools of Higher Education and Tech Transfer Companies

Applicants wishing to file on line have to identify themselves with a smart card, and the way such smart cards may be obtained has been published.

Those wishing to receive Office Actions by email are provided with a link for so-doing.

There is a training day for patent attorneys to learn the new system. This will be held at the Israel Patent Office on 15 December 2015 between 9:30 and 12:00.

Israel Trademark 249163 for E-go – Costs Reduced Dramatically on Appeal

November 11, 2015


Seven 23 S.R.L. filed Israel Trademark Number 249163 for Ego, covering:

Eau de Cologne; cosmetic creams; cosmetic preparations for skin care; eau de toilette; hair spray; cleansing milk for toilet purposes; lotions for cosmetic purposes; lip glosses; mascara; cosmetic pencils; oils for cosmetic purposes; lipsticks; cakes of toilet soap; shampoos; nail varnish; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices in class 3; Eyeglasses; lenses for eyeglasses; contact lenses; sunglasses; cases for eyeglasses; eyeglasses frames; eyeglass chains; eyeglass cords; containers for contact lenses in class 9; Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments in class 14; Leather and imitations of leather and goods made of these materials and not included in other classes; trunks and travelling bags; umbrellas, parasols and walking sticks in class 18, and Clothing, footwear, headgear in class 25.

After an Opposition was filed by Michael Shokorola Muthada, Seven 23 S.R.L. decided to abandon the mark and thus costs were ruled against them. Michael Shokorola Muthada requested costs of 20,000 Shekels. Adv. Aharon Factor who  handled the case appealed this sum noting that Muthada’s attorneys did not detail or attempt to justify these costs. Under Section 69, Ms Yaara Shoshani Caspi came up with what she considered a more reasonable figure and reduced the costs to 6000 Shekels.


We represented the Applicant in this case.


November 11, 2015

CVC Financial L.P. (A Texan Limited Partnership) owns  Israel Trademark Number 197759 for Zbang. The mark covers drinking water, soda pop, fruit juices and energy drinks; all included in class 32.

Food Leader LTD filed a cancellation request based on Section 41a which enables third parties to file a cancellation request on grounds of lack of use over a three year period, or on the grounds of inequitable behaviour.

CVC did not file a response which is indicative of them not being interested in maintaining the mark. However, cancellation still requires evidence.

Ms Shoshani Caspi gave CVC Financial L.P.’s representatives until 8 November 2015 to challenge the cancellation order and gave Food Leader LTD until 15 November 2015 to provide evidence. Subject to this, she will issue a ruling on the validity of the mark.

Bar 9 and Beach 9

November 11, 2015

BAR 9  bEACH 9

Itay Sachish registered Bar 9 and Beach 9 for restaurants and cafes in Class 43.

Roi Leon filed a request to have these marks cancelled from the register under Sections 38 and 39 of the Trademark Ordinance. Leon claimed ownership of the marks which are used in a change of restaurants by Sachish.

The parties are involved in several different types of litigation before different courts and decided not to inform the Patent and Trademark Office regarding these proceedings, where the cases are standing and whether rulings have issued. This creates a situation where contradictory rulings might issue. To avoid this, Ms Shoshani Caspi, Adjudicant at the IPO has given the sides until 3 November 2015 to provide full details regarding the various litigation proceedings.

Octopus With OK Kosher Certification

November 10, 2015

frozen octopus

OK Kosher is recognized and highly regarded as a global leader within the kosher food certification industry, and provides certification services on six continents. With headquarters in New York and regional offices around the world, Rabbi Don Yoel Levy leads a team of highly-skilled and highly- trained staff with more than 300 of the world’s leading kosher experts who ensure the highest standards of kosher compliance tailored to each of the thousands of establishments OK Kosher certifies.

The OK.org and Kashrut.com websites have issued the following kashrus alert: Please be advised that J & Y Trading Inc. Frozen Octopus Whole 6816 Fort Hamilton Paarkway Brooklyn, NY 11219 bears an unauthorized OK kosher symbol on the packaging. This product is NOT KOSHER. Corrective action is being taken.


It is highly advised for Rabbis and Rabbinic Courts that offer Kashrut Supervision to register their logos as service marks and to update the registrations as the logos get redesigned. This makes enforcement much easier.


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