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TRADEMARK LITIGATION AND ENFORCEMENT
India - IsraelIndia - IsraelPopulation
1,095,315,995
Second largest in the world
7,184,000
96th in the world
India Israel
India - IsraelIndia - IsraelTerritory
India Israel
3,287,590 square kilometers
4th largest in the world
20,770 square kilometers
150th in the world 0
500000
1000000
1500000
2000000
2500000
3000000
3500000
Territory
India
Israel
India - IsraelIndia - IsraelGross Domestic Product
India Israel
US$3,602,894 million
4th largest in the world
US$232,753 million
43rd in the world0
0.5
1
1.5
2
2.5
3
3.5
4
GrossDomesticProduct
India
Israel
InMillions
The Israel Trademark OfficeThe Israel Trademark Office
Trademark Registration
Which marks may be registered and which marks cannot be registered
Registration procedure
Post registration
Filing Notice of Opposition and Statement of Case Filing Applicant’s Statement of Case Filing evidence Hearing before the Commissioner of Trademarks Summations Issuance of Commissioner’s decision Appeal to the Supreme Court
Trademark Oppositions
Israel CourtsIsrael CourtsThe Supreme Court Court of Appeals
High Court of Justice
District Court Civil Lawsuits for more than
US$680,000 Virtually all intellectual
property lawsuits are filed in the District Court.
Magistrates Court
Civil Lawsuits up to
US$680,000
Police Complaints
Filing a police complaintPolice investigation.Search at the infringer’s premises.Seizure of counterfeit and/or infringing goods.Preparation of detailed opinion. Decision whether or not to file an indictment against the infringer.If an indictment is filed, the criminal proceedings will be handled by the Public Prosecutor’s Office.
Customs Monitoring Notice
There is no official filing fee. One Customs Monitoring Notice will suffice,
irrespective of the number of trademarks which you wish to have monitored. There is no need to renew the Customs Monitoring
Notice. Filing procedure Procedure once Customs detain goods Customs will not interfere with the importation of gray
market goods.
RulingsDecision of the Israel Supreme Court -
Four parallel stripes on the outside of footwear are misleading, and are likely to cause confusion and therefore infringe Adidas’ three stripe trademark.
The India Tea Board V. Delta Lingerie S.A.
Appeal to the Supreme Court of a decision of the Commissioner of Trademarks to register the DARJEELING trademark in the name of Delta.
1. During the opposition proceedings the India Tea Board claimed, inter alia, that Darjeeling is a type of tea which grows in the Darjeeling region of India.
2. The DARJEELING Trademark is not registered in the name of the India Tea Board in Israel.
3. The Commissioner decided that there is no danger of misleading. 4. The Supreme Court upheld the Commissioner’s decision and decided
that there is no unfair competition, no dilution of goodwill, and no infringement of a geographic designation since there is no connection between the Darjeeling region and Delta’s use of the trademark.
The EndThe End
