Israel Trademark Number 239657 to A & M Malchem Import and Export Electrical Products LTD registered the mark shown above for Sunscreen preparations containing vitamin C; included in class 3.
Almanara for Marketing Inc filed a cancellation request on 8 May 2014.
The mark owner (A & M Malchem) filed their statement of case on 6 November 2014, and on 30 July 2015, Almanara for Marketing Inc. filed a pair of affidavits. Under regulations 39 and 71, the mark owner had until 30 September 2015 to respond.
The deadline passed but on 9 October 2015 the mark owner requested an extension, and since the challenger consented, the mark owner was given a retroactive extension until 30 October 2015. However, the mark owner failed to meet this deadline and on 10 November 2015, some 10 days later, the mark owner requested that either the challenger or the Patent and Trademark Office withdraw evidence from the file. That’s not all. Fifteen days later on 15 November 2015, instead of submitting their evidence, the mark owner requested that the challenger’s affidavit be struck from the record. On neither occasion did the mark owner request an extension. It was only later that the mark owner again requested a retroactive extension for submitting theןr evidence.
As to the various requests, the Patent & Trademark Office refused to order the opponent to translate their affidavits from Arabic to Hebrew since Arabic is an official language in Israel, and to the extent that the patent office or the Ministry of Justice requires translations it has to pay for them itself. Regarding pictures of foreign certificates and formal problems with the affidavits as not dated or including the warning from an attorney to tell the truth, the Adjudicator of IP considered the mark owner was correct, but that striking the evidence was less appropriate than awarding costs to the mark owner.
The mark owner and the challenger were each given 30 days to submit their corrected evidence. Since the Arabic evidence would require translation, a digital copy was requested and the challenger was ordered to pay 500 Shekels costs including VAT.