Gravity Check

Gravity Check

Gravity Check LTD filed Israel Trademark Application No. 247479 for the above mark. The application is a national phase of an International Application under the Madrid Protocol. It covers Clothing, footwear, headgear; all included in class 25.

On 20 March 2014, an Opposition was filed by Wolf Zeev Schnitzler LTD. After the Applicant filed their counter-statement, Wolf Zeev Schnitzler LTD requested and received time extensions to submit their evidence but failed to do so.

The Israel Patent & Trademark Office erroneously sent the parties a notice that the the Opposition proceedings had finished, but this was ultra-vires as it requires a decision by the Commissioner, and so the case was not actually closed. Nor did the mark issue. Only in January 2016 did it transpire that the mark was not in fact registered.

The notice from the Israel Patent & Trademark Office is void. The Applicant assumed that the mark was registered but not check that this was, in fact, the case.

On 13 January 2016, the Israel Patent & Trademark Office gave the Opposer a final opportunity to submit evidence within two weeks, and since they failed to do so, Ms Yaara Shoshani Caspi, the adjudicator of Intellectual Property has ruled on the material in the file and determined that the mark is allowable, the Opposition is abandoned and the Opposer should pay costs of 1000 Shekels plus VAT.

 

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