East & West Trademark Opposed – Opposer Required to Post Security for Legal Costs

East & West Import and Export LTD received a notice of allowance for Israel trademark number 242256 for wholesale and retail marketing of food products; shops, supermarkets; network management and operation of all the above; all included in class 35 and for Providing food and beverages; all included in class 43.

East & West Shops LTD. filed an opposition to the trademark.

The applicants asked the Patent and Trademark Office to order the opposer to deposit NIS 100,000 with the patent office secretariat, to cover legal costs of the applicant in the event of the opposition failing. Both sides argued the strengths of their case and the Commissioner of Patents and Trademarks ruled that depositing NIS 40,000 was reasonable in the circumstances.

 We find this an interesting approach. I don’t recall similar rulings but the request and decision are emminently reasonable. This seems like a good tactic to employ. The opposer is presumably able to file a request that applicant deposits costs as well. Both applicant and opposer are limited companies and collecting costs may not be easy for either side. In addition to seeing who wins, it will be interesting to see if the costs eventually requested and awarded are in the region of NIS 40,000 ($10,000).

The decision was made on 27th August 2012, but published on 9th October.

Categories: Israel Trademark, trademarks

2 replies

  1. Dear Dr. Michael,
    Is it possible in Israel to ask for this deposit in Administrative Judgment ( INPI ) ? Very interesting position !
    Thank you.
    Marcio N.,Tavares
    Tavares IP Ltd.
    Rio de Janeiro – Brazil

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