Danny Lipaz filed Israel Trademark Application No. 246231 for the ever so slightly stylized word mark “Perfect”. The application covers clothing, footwear, headgear, T-shirt, sweatshirt, underwear, sweatpants all in class 25.
Perfect Shoes LTD opposed the registration.
The parties came to a agreement regarding the types of goods and geographical distribution of usage and asked the Israel Patent and Trademark Office to ratify the decision.
Ms Shoshani Caspi felt that the agreement was in personam and thus its details were not appropriate for the Israel Patent and Trademark Office to relate to, since the Israel Patent and Trademark Office maintains an in rem register.
Since the mark was allowed but the Opposition was not considered at all, there was no legal or logical basis to rule on any limitations. Cnsequently Ms Shoshani Caspi refused to endorse the agreement and gave the parties 14 days to decide on how they wished to proceed, with the default being submission of evidence.
Here I think Ms Shoshani Caspi is correct to require the opposition proceeding to continue, but I can’t see how the word perfect can be registered as a trademark since it is laudatory.