Assos vs. Asos

Roger Maier is the C.E.O. of Assos of Switzerland SA. They filed Israel Trademark No. 255250 in classes 3, 9, 12 and 25.  The mark is for ASSOS.

They also filed IL 252908 for the same mark in class 9, and Israel Trademark No. 254717 as shown below

TM 25417

In classes 3, 9, 12 and 25, and Israel Trademark No. 254569 as shown below

254569 in classes 9 and 35.

Meanwhile, before the above marks were examined, Asos PLC, a British company selling a range of fashion items, filed Israel Trademark No. 259604 for ASOS in classes 25 and 35.

The Israel Patent Office considered the marks too similar and started a competing marks proceedings under Section  29a of the Israel Law. The parties were unable to come to an understanding and were given three months to provide their evidence .

Roger Maier and Assos of Switzerland SA then requested that the cancellation proceeding be cancelled, that their marks be allowed, and that Asos PLC be examined against the background of the Assos of Switzerland’s marks. Alternatively, they suggest  suspending the cancellation proceedings and examining the Asos PLC marks with shortened periods for responding to office actions.  Roger Maier and Assos of Switzerland SA also request that Asos PLC’s request that Israel Trademark Numbers 243588 and 252908 be canceled be struck from the record.

Asos PLC requests that examination of their mark be suspended until conclusion of the competing marks request.

After Examining the material on record, the Adjudicator of Intellectual Property, Ms Shoshani Caspi decided that a preliminary hearing would be useful and gave them a choice of dates and requested that they select one that is mutually convenient.  Should the parties not have a preliminary hearing, Ms Shoshani Caspi would rule on the requests of Roger Maier and Assos of Switzerland SA, giving ASOS the right to respond and Roger Maier and Assos of Switzerland SA the right to counter, with strict deadlines on both sides.

 

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