Adjudicator at Israel Patent Office Rules on Late Filing of Evidence

In an Opposition proceedings to the trademark “Foxmind” – Israel Trademark Number 167224, The new adjudicator of Intellectual Property, Yahara, Shoshani Caspi has ruled that though the Commissioner of Patents and Trademarks has the discretion to allow new evidence and arguments to be submitted during an Opposition proceedings, after the mark holder has responded, the Opposer should not generally file new evidence, and that according to Regulations 38 and 40, all the evidence should be filed within two months of filing Notice of Opposition.

Ms. Caspi went on to establish assert that the Opposer had simply changed opposition tactics and ruled that to allow the admission of new evidence would result in a distortion of the law and delay reaching a decision, and concluded that in this case, the new evidence was thus inadmissable.

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