Party like a RockStar – not laudatory and not a slogan, or at least not critically

Israel trademark number 204804 “Party like a RockStar” to Russel Weiner was originally refused as being laudatory, a slogan and lacking distinctiveness as indication of origin of the product, which is an energy drink.

For details of Russel Weiner http://en.wikipedia.org/wiki/Russell_Weiner

For details of the drink: http://en.wikipedia.org/wiki/Rockstar_energy_drink

On appeal, the Deputy Commissioner of Patents and Trademarks has ruled that the mark is eligible on the basis that it was registered in the country of origin (Section 16 of the trademark Ordinance), and has a small element of distinctiveness in the eyes of the party-goer. The word party needs to be disclaimed however.

I find the ruling strange. The  brand name RockStar is clearly distinctive if used as a special noun. In the slogan, it becomes a common noun and should perhaps be available to everyone. If, say, Red Bull were to request a mark Party like a RedBull, would that be Kosher?   

I find it difficult to square this ruling with the other recent slogan decisions, see: Laudatory Slogans – I’m Lovin’ It 

Then again, the XO decision, also for energy drinks, is also a difficult one – see Israel Patent Office Allows Two Companies to Register Same Trademark. It could be, therefore, that hyped up party-goers have particularly acute sensitivities and wouldn’t be confused by a drink in a plastic bottle or aluminium can. The same party-goers will see a slogan “Party like a rockStar” and no that it relates to a product and is not laudatory or descriptive, and is not merely a slogan.

 Presumably, with Israel having joined Madrid, there will be many dubious marks like this that will be allowed here as they were allowed elsewhere.

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