A Colourful Circular for Trademarks

Perhaps so that my brother and other trademark attorneys don’t feel left out, Adv. Assa Kling, the Israel Commissioner of Patents and Trademarks has kindly issued a circular for them as well!

In Circular 12/2012, the commissioner notes that Israel trademark applications under the Madrid Protocol may be filed in colour (that’s color for American readers).  In such cases, the colour may provide a distinguishing feature, but  is a limitation on the scope of coverage.  henceforth, the Pantone number won’t be listed in the registration, but the colour will be a feature of the mark and may therefore be limiting. Applicants wanting wider coverage should therefore file their marks in black and white.

The additional frivolous comment:

When first posted, I wrote:

“Strangely, the circular comes into force from when it was published, i.e. 31 January 2012, but it carries the date of 6 February 2012 and I received it along with everyone else only today. Still, in comparison with the retroactive amendment of the patent law last year, see here this is a minor problem.”

I suspect that at least one person in the Israel Patent Agency follows my musings. Today, 7th February, an amended Circular issued, correcting the coming into effect to 6 February 2012. This will be a relief for any applicants who responded in the week prior to publication of the Circular, who didn’t have the foresight  to anticipate this development!

 

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