The marks, 145354 and 145355 “Zico”, 157657 and 157658 “גודB” and 75966 “Fix” all lapsed for more than 12 months. The Commissioner has ruled that the law always gave six months grace period, and was amended when Israel joined the Madrid Protocol, to provide a further six months. In so doing, the legislative has expressed a view that the period for reinstatement is a year. Although the Commissioner has the discretion to reinstate after longer periods, this authority should only be sued in extreme circumstances.
In all three cases, the Israel Patent and Trademark Office sent reminder letters to the address of record. In one case, the mark holder had moved but hadn’t informed the Israel Patent and Trademark Office. In the other cases, no adequate explanation was given.
The commissioner ruled not to reinstate any of the marks.
I approve of lumping all three decisions together. There were a record number of decisions that published this past month and I am behind in my reporting! More seriously, by the commissioner himself ruling on three separate cases in a single decision, we have some guidelines that indicate policy. The mark owners can, of course, refile their applications, and the original decision to grant the marks is a good (but not guaranteed) indication that they will be considered allowable.
We note that the Commissioner did address the specifics of each case in the joint decision. I will not follow suit, as they are not particularly interesting and it’s past my bedtime…