Maadanei HaZafon own Israel Trademark Number 203468 “Super Baba” for retail chain store services in class 35.
Yehuda Goeta and Super Zol Ben Gurion LTD. filed a cancellation proceeding.
Together with providing his evidence for cancellation of the mark, the opposer Yehuda Goeta and Super Zol Ben Gurion LTD., requested an injunction under Section 143(6) of the Civil Court Procedure Regulations 1984.
The injunction was that the Tel Aviv signs department should provide details regarding signs, certificates of public workers, details of who can post signs, fees for signs and pictures of signs over the period 1995 to 2007.
The Commissioner ruled that the Civil Court Procedure Regulations are not binding on the patent office and at best are of guidance as to how such proceedings should be managed.
In this specific case, it is not clear what the desired evidence was, specifically what a certificate of a public worker is. The sides are in disagreement as to what road signs were authorized and the requester for cancellation of the mark requested details from the Tel Aviv Municipality in the name of the mark holder without appointment from the mark holder. The requester for cancellation claims to have had a verbal response from the municipality but no details of the response were submitted.
The Commissioner felt that the parties had not done enough to collect the desired evidence from the municipality without his intervention. He was unable to rule on the relevance of the desired evidence without seeing it, and requested that the parties came to an understanding between themselves of how evidence concerning road signs authorized by the Tel Aviv Municipilat should be presented such that both sides would be happy with the quality of the evidence. No costs were awarded at this stage.