Coexistence in Different Classes – Why not ask?

300px-Escher_Waterfall (2)        prince of persia

Waterwheel Licensing LLC filed Israel Trademark Numbers 225122, 225123, 225124 and 225129 for PRINCE OF PERSIA: THE SANDS OF TIME in classes 14, 18, 3 and 9.

The Segal Brothers Opto-Line opposed the registration. It appears that the objection was for registering the identical mark for different goods in different classes.

The applicant subsequently abandoned the marks. The opposer then asked for costs of NIS 15,288. The agent for applicant claimed that the opposers did not speak to them before filing their oppositions. The opposer’s counsel claimed that they tried to discuss, but got to answer when they rang.

Ms Yaara Shoshani Caspi noted that all four oppositions were identical and ruled costs of NIS 6000 including the opposition fee of NIS 3891.

COMMENT

We note that the applicant successfully registered the mark in a further 10 classes for an enormous and diverse range of goods. We suspect that this mark is not being used for anything like the range of goods it is registered for and should be severely restricted, if not cancelled. The mark is not an indication of the source of goods. we suspect that Waterwheel Licensing LLC which describes itself as an IP holding and trading company (trademark troll?) does not manufacture anything other than licensing agreements.

 

 

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