Dilution of a Beverage Mark?

267280CT Miami LLC applied to register Israel Trademark Application No. 267280 in classes 9 and 38. The mark in question  is shown alongside.

On 1o May 2016, the mark was allowed and it published for opposition purposes on 31 May 2016. Perhaps not surprisingly,  Blu Israel Drinks ltd opposed the mark under Section 24a of the Trademark Ordinance 1972 and Section 35 of the Trademark Regulations 1940.

blu(Blu Israel drinks makes an energy boosting caffeine supplement drink).

On 9 October 2016, the Applicants requested an extension of time until 9 December 2016, for submitting their Counter-Statement of Claims, but did not actually submit a Counter Statement of Claims by then, or indeed prior to this decision issuing.

In these circumstances, the Applicant may be considered as having abandoned their mark and thus  Adjudicator Ms Shoshani Caspi ruled that the file be closed. Furthermore, applying her discretionary authority under section 69, she ruled reasonable damages for having to manage the Opposition. After weighing up the different considerations, she ruled  that the Applicants should pay 3500 Shekels exc. VAT within 14 days.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: