Gravity Check

Gravity Check

Gravity Check LTD applied for Israel Trademark Application No. 247479 for the mark above in class 25. On 20 March 2014, Wolf Zev Schnitzler & Sons LTD opposed the mark.

On 21 May 2014 the Applicant submitted a response to the Statement of Claims and the Opposer requested and received a extension for filing their evidence, but failed to submit any.

On 6 October 2014, a notice that the Opposition proceeding had terminated was mistakenly issued by the Administrative wing of the Israel Patent and Trademark Office. However, it is only the Commissioner of Trademarks who has this authority, and the proceedings remained open, and it was only at the beginning of January 2016 that it transpired that the mark was not actually registered. Since the letter that inadvertently issued cannot be seen as a decision to close the proceedings it was canceled on 13 January 2016. It appears that the Applicant assumed that the requested mark had been registered, but failed to act to ensure that this was indeed the case.

On 13 January 2016, the Opposer was given a further opportunity to file a further extension for submitting their evidence by 27 January 2016, but did not respond to this.

In parallel, on 19 January 2016 the Applicant wrote to the Patent Office arguing that the letter cancelling the previous letter closing the proceeding should itself be cancelled.  However, Ms Shoshani Caspi, Adjudicator of IP, did not agree that this should be cancelled and preferred to write a formal decision.

In this instance, the Opposer did not file evidence and should be considered as having abandoned the Opposition as per Regulation 39 of the Trademark Regulations 1940.

The Opposer not only did not file evidence, but received an extension for so doing and did not contact the secretariat of the trademark court, there is no reason not to clise the file.

In light of the usual considerations, costs of 1000 Shekels and VAT are awarded too the Applicant.

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