CVC Financial L.P. (A Texan Limited Partnership) owns Israel Trademark Number 197759 for Zbang. The mark covers drinking water, soda pop, fruit juices and energy drinks; all included in class 32.
Food Leader LTD filed a cancellation request based on Section 41a which enables third parties to file a cancellation request on grounds of lack of use over a three year period, or on the grounds of inequitable behaviour.
CVC did not file a response which is indicative of them not being interested in maintaining the mark. However, cancellation still requires evidence.
Ms Shoshani Caspi gave CVC Financial L.P.’s representatives until 8 November 2015 to challenge the cancellation order and gave Food Leader LTD until 15 November 2015 to provide evidence. Subject to this, she will issue a ruling on the validity of the mark.