Paving the way towards a decision


Israel Trademark Application Number 182491 is for the word-mark PAVEWAY covering laser-guided bomb kits; all included in class 13. Lockheed Martin Corporation have opposed the mark.

In an intermediate judgement in response to a request to take into account decisions on the registerability of the mark in Canada and Norway, the Adjudicator at the Israel Patent and Trademark Office, Ms Yaara Shoshani Caspi points out that even applicant admits that there is little relevance regarding the registerability in other jurisdictions on the registerability in Israel, but has asked the sides to submit an up-to-date list of decisions elsewhere.

Unlike patentability, where all patent offices address the objective issue of novelty and the subjective but fairly standardized issue of inventive step, with trademarks, the issue is one that is far more territorial. It makes sense that the decisions of other patent offices is only of passing interest. On the other hand, an adjudicator is entitled to see and consider such relevant if non-binding information.

In this specific case, I suspect one could fairly easily provide an absolute survey of all potential customers in Israel that can legally purchase such things as laser guided bomb systems. Nevertheless, it is important that the small group of purchasers should be clear what they are purchasing and who from.

I wonder why the well known grocery chain Safeway doesn’t complain that this is confusingly similar to their mark? After all, they sell most things. Even if they don’t currently stock laser guided bomb systems, maybe they will stock a shelf or two by the canned goods department?

Categories: Israel Patent Office, Israel Patent Office Rulings, Israel Trademark, trademarks

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