Coexistence Agreement Allowed With Limitations

Topten

Hubner GmbH filed Israel Trademark Application Number 248117 for Mats for sports and gymnastics in Class 27, and for Body protective items made of supple materials for sportsmen and sportswomen in Class 28.

Topten Fashion Accessories opposed the mark and have filed their evidence. The parties filed extensions by consent.

The parties are willing to compromise on Body protectors, namely boxing gloves, foot protectors, head guards, shin guards, body and kicking shields, boxing bags for sportsmen and sportswomen. However, the Adjudicator for Intellectual Property considers that this is widening the range of goods in contravention to Section 21 of the Israel Trademark Ordinance, since the original application limited the mark to goods made of supple materials.

If the parties are willing to accept Body protectors, namely boxing gloves, foot protectors, head guards, shin guards, body and kicking shields, boxing bags for  all made of supple materials for sportsmen and sportswomen, and respond accordingly within 14 days, the mark may be registered and the opposition withdrawn. Otherwise, Hubner are required to submit their evidence.

COMMENT

We are delighted that applicant considers boxing to be a sport for men and women, noting that women’s boxing is an Olympic sport – MF.

 

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