Tnuva, Israel’s Dary Cooperative, filed a trademark for Eshel – a milky dessert that is a kind of fromage frais. Yotvata, the Dairy near Eilat opposed the mark claiming that the word was generic, i.e. similar to cottage cheese, yogurt, and the like.
The Patent Office rejected the opposition since Israel’s Supreme Court has already ruled on an appeal against a decision by former IP Arbitrator, Yisrael Axelrod (who is now a judge in Beer Sheva) on the subject, thereby having given both sides an opportunity to bring their arguments before judicial review. The patent office has accepted that the Supreme court ruling is an estoppel against further debate on the topic.
The Israel trademark number for Eshel is 115880, and this ruling issued on 21 October 2007 by Shmulovich.