Deputy Patent and Trademark Commissioner Rules that she has no authority to extend three month opposition period

Suprene                                 missed-the-boat-social-media

In Israel trademark practice, allowed trademarks publish for opposition purposes. If no opposition is filed within three months, the trademark issues. It may, however, then be subject to cancellation proceedings.

Israel TM Application Number 245038 to SK Global Chemical Ltd. is for the word Suprene. It covers Synthetic rubber; styrenebutadiene rubber; butyl rubber; polyisoprene rubber; polychloroprene rubber; isobutylene-isoprene rubber; ethylene-propylene rubber; ethylene-propylene diene rubber; all included in class 17.

The mark was allowed and published for opposition purposes on 30 June 2013. Dynasoi Elastomeros S.A. De. C.V. filed an opposition to the mark, but apparently due to a human error by their representatives, Dr. Shlomo Cohen & Partners, Law Offices, the opposition was submitted on 2 October 2013, missing the three month deadline of 30 September 2013 by a couple of days.

Opposer asked for retroactive extension of the deadline. Citing the Amendment to the Trademark Ordinance Section 24a that came into affect on Israel adopting the Madrid Protocol on 1 September 2010, and with reference to the notes accompanying the draft amendment and to the case law (specifically re TM 182779 and 182780 Baltika Breweries vs. S & J Intertrade LTD., Deputy Commissioner, Ms Jacqueline Bracha ruled that the patent office had no discretion to retroactively extend the deadline for filing oppositions, and she didn’t even need to involve the Applicant.

Dynasoi Elastomeros S.A. De. C.V. may, however, initiate cancellation proceedings to have the mark canceled.

Decision: TM 245038 SK Global Chemicals vs. Dynasoi Elastomeros S.A. De. C.V., 3 October 2013

COMMENTS
I think the Deputy Commissioner is correct here. I note that the previous commissioner got in trouble over ultra vires actions.

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