Moi mark canceled due to lack of use


Israel Trademark Number 192334 “Moi” is owned by Mewah Brands (S) Pte Ltd. the mark issued on 6 April 2008.  On 17 July 2011, Densher (1963) Ltd. filed a request for cancellation of the mark on the grounds that it hadn’t been in use for at least three years.

The parties filed their evidence. The mark owner agreed to forgo a hearing, and on 12 June 2013, Ms Jaqueline Bracha requested that the parties file their summation statements.

Densher (1963) Ltd. filed their summary statement but the mark owner neither filed a statement nor even requested an extension.

Since the mark owner failed to defend the mark and also failed to respond to the challenge of non-use without providing reasons for failing to act, Ms Bracha ruled that the challenge of non-use was not disputed and she could issue a ruling. Although the challenger to the mark has to prove his case, since the mark owner did not defend the mark, the claim of non-use and no intention to use was accepted as being factually correct on the basis of the submission of Densher (1963). No extenuating circumstances were claimed by the mark owner and so the mark was cancelled, allowing others to use the mark. Furthermore, since the mark owner could have given up on the mark when it was challenged, but decided to allow the challenger to incur costs in proving lack of use, Ms Bracha agreed to legal costs of 2000 Shekels and legal fees of 20,000 Shekels.

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

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