If a registered trademark is not being used, one can file a cancellation request to have the mark struck from the register, thereby making the register available for others to use.
On behalf of one of one of our clients, Seven 23 S.R.L., IP Factor filed a cancellation proceeding against Israel trademark number 20670 for the word “Ego” for Clothing, footwear and headgear; all included in class 25. However, the trademark owner, Michael Shokorola Mothada, was able to show that the mark was, in fact, being used, and we dropped the cancellation proceedings.
The attorney for the client requested 10,000 Shekels in legal fees. We challenged this as excessive, and Ms Yaara Shoshani Caspi, the adjudicator of IP at the Israel Patent Office reviewed the amount of work done and decided that $3500 (about a thousand dollars) was adequate compensation.
Our client was correct to start cancellation proceedings. Once it became clear that he didn’t have a case, he was correct to drop them. Further action would have incurred fees on our side and caused the award to the trademark holder to be increased.
Or as John (14:6) put it: ego sum via veritas et vita