On 16th November, we reported that the District Court has upheld Deputy Commissioner Ms Bracha’s Decision not to allow registration of Israel trademark application 240319 filed by AL-SHURKAH ALWATANEYA LISENAET AL-ALAMENYOM WALPROFILAT (National Aluminum & Profile Co or NAPCO) following an opposition proceeding by Extal LTD.
Not content, NAPCO appealed to the Supreme Court and Extal filed a counter-appeal.
Judge Meni Mazuz has upheld the ruling and Appeal. He does not consider the issue of general public interest.
NAPCO lost their mark for failure to pay the renewal fee. Judge Mazuz does not consider that a now non-registered mark has to be a well-known mark to prevent registration of a confusingly similar mark, and that Deputy Commissioner Bracha was acting within her discretion in her ruling to not allow the mark to be registered.
Judge Mazuz did not consider that any fundamental rights were lost by requiring a different extrusion marking to be applied to profiles.