Maisa Sosha filed an Israel trademark application on 1/2/2018 for Bee Creative with a stylized bee, for graphic design services, #branding and #socialmedia & #advertising services in Class 42, requesting immediate examination. The mark was allowed the same day and published for opposition purposes.
Ms Revital Gabai Siboni filed an Israel trademark application later that month for similar services in classes 35 and 42, with the same name and a different bee design. She opposed Sosha’s mark, arguing that she’d used her mark for 3 years, claiming it was well known. However Siboni’s mark was not a well known mark under the Israel Trademark Law. She could not prove that Sosha had filed in bad-faith. That Siboni had registered domain names for Bee Creative and was using her logo first did not matter.
The Deputy Commissioner accepted that Siboni was a professional, and expressed her sorrow that she had not registered her trademark when she started to use it. However, she rejected the Opposition, upheld Sosha’s mark and refused Siboni’s application, charging her costs of 8000 Shekels.
The moral of the story is to register your name and logo as trademarks as soon as you start using them.