El-Col Electronics (Nazareth Illit) Ltd submitted a trademark application for Israel Trademark No. 268138 in class 12.
The mark is a graphical image bearing the words Smart Bike as shown.
On 7 March 2017, an opposition was filed by Smartrike Marketing Ltd and Smart Trike MNF PTE LTd under section 24a of the Trademark Ordinance 1972, and Regulation 64a of the 1940 regulations.
On 30 April 2017, the Applicants requested an extension of time for submitting their Counter-Statement of Case in Response to the Oppositions. On 20 June 2017, the Applicant submitted their claims in accordance with Section 35 and requested that the Opposer deposit a bond for covering costs.
Section 38 of the Regulations provides the Opposer with a period that ended on 20 August 2017 to submit their evidence. In addition, the Opposer should have responded to the bond request within 20 days. However, until the time of writing this Decision, it appears that the Opposer chose not to submit evidence in an Opposition they themselves initiated. Nor did they respond to the request to deposit a bond.
Consequently, under Regulation 39, Smartrike is to be considered as having abandoned the Opposition:
If the Opposer does not submit evidence, he is considered as having abandoned the Opposition unless the Commissioner rules differently.
Since the Opposer did not submit evidence and also failed to contact the court secretary, and since she saw no justification to rule differently, Adjudicator of IP, Ms Shoshani-Caspi ruled that the opposition be considered closed, and that Israel Trademark Application No. 268138 be immediately registered.
Based on the various considerations, she ruled that the Opposer should pay costs of 1000 Shekels + VAT within 14 days.
Opposition to Israel TM Application No. 268138, Ruling by Ms Shoshani Caspi, 28 August 2017