Trademark Number 200455 is a black and white image showing ears of rice, a train of camels and the Hebrew word Pninim (literally pearls). The mark was filed in May 2007 and issued in December 2008. The mark is for rice and seems to be a black & white version of the more colorful 5 kg package of rice, and it issued to a Mr Yoram Sassa.
The mark is shown in the middle and Sassa’s package is shown on the left.
Ms Yehudit Matok requested cancellation, claiming that she had been using a very similar package since the 1990s, many years prior to Mr Sassa. Matok’s package is shown on the right.
The mark owner did not submit a counter-statement to defend the mark and so the requester for cancellation was given the opportunity to state her case. She argued that the filing of the mark was inequitable behavior and made various other claims.
Since the mark hadn’t been granted for 5 or more years, all grounds for cancellation could be considered. After weighing the evidence supplied by the requester for cancellation, the commissioner ruled that the mark should be cancelled.
As the owner of the registered mark could have saved the opponent the trouble of fighting to have the mark cancelled, the registrar NIS 7000 (about $2000) costs against the mark owners.
Israel Trademark Cancellation proceedings concerning Israel Trademark 200455 to Sassa, 20 February 2012.
Although not having much of interest from a legal perspective, I am reporting this decision for two reasons:
- I try to report all decisions of the Israel Patent Office, and
- In the run up towards Pesach, I couldn’t pass over an opportunity to write up a ruling concerning kitniyot, particularly when concerning packaging showing camels and other appropriate images.