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TRADEMARK LITIGATION AND ENFORCEMENT. India - Israel Population 7,184,000 96 th in the world 1,095,315,995 Second largest in the world IsraelIndia.

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Presentation on theme: "TRADEMARK LITIGATION AND ENFORCEMENT. India - Israel Population 7,184,000 96 th in the world 1,095,315,995 Second largest in the world IsraelIndia."— Presentation transcript:

1 TRADEMARK LITIGATION AND ENFORCEMENT

2 India - Israel Population 7,184, th in the world 1,095,315,995 Second largest in the world IsraelIndia

3 India - Israel Territory IsraelIndia 20,770 square kilometers 150 th in the world 3,287,590 square kilometers 4 th largest in the world

4 India - Israel Gross Domestic Product IsraelIndia US$232,753 million 43 rd in the world US$3,602,894 million 4 th largest in the world

5 The Israel Trademark Office

6 Trademark Registration  Which marks may be registered and which marks cannot be registered  Registration procedure  Post registration

7  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

8 Israel Courts The 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

9 Police Complaints  Filing a police complaint  Police 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.

10 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.

11 Rulings Decision 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.

12 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 End


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