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It’s that time of year all over again, with the changes that have been ushered in as 1/12th of 2025 is virtually at an end. As a dual jurisdiction IP practice located in Israel, we welcome the return of the young woman hostages, and look forward to the return of all of them soon. Indeed, peace in our region would be welcome, and we pray for that too, sooner rather than later(!) With our other focus being the practice of US IP Law, we also cannot ignore the fact of the new administration in the White House, and the hopes that we have for a better future, worldwide.

 

One person who has traversed the US-Israel divide is our podcast guest this month, Harry Fox. Harry met with our Avraham Hermon to discuss not only his position as the CEO and Founder of XTEND AI Inc. and its innovative offline/autonomous robot technology, but his more than 40 years as a successful serial entrepreneur in the Consumer Electronics and Digital Media businesses.

 

Avraham has also penned a short overview of obtaining ‘green’ patents in Israel, and how, without additional costs, it is possible to rapidly prosecute a patent application for a green invention. In the time taken until allowance, a green patent in Israel is a useful tool in helping to streamline an international patenting program. If this is relevant for you or your clients, it’s a highly recommended read!

 

Ivan Lipshitz, in the meantime, has some practical advice for pretty much anyone who has a business in the first of his three part series of the need to conduct periodic Trademark & Domain name audits, why they are needed and what they entail. This is followed by another case review by Miriam Samis, in which she dissects a decision by the Israel Trademark Office relating to the names of colors as trademarks.  She, too, ends with some practical advice.

 

As usual, if we can be any of assistance, please do not hesitate to reach out.

 

PS        Just one more thing. Our 2025 Israel and US tariffs are now available. The main updates are to the official fees in both jurisdictions. Please email me for a copy.

 
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It’s Easy Being Green – Flying through the Israel Patent Office with Green Inventions

by Avraham Hermon, Senior Partner JMB Davis Ben-David

Recently I have had some positive experiences assisting clients obtain patent registration for environmentally friendly inventions at the Israel Patent Office.

 

The Israel Patent Office has a program which allows for fast examination of environmentally friendly inventions, free of charge.

 

From my most recent experience, the time between filing a patent application and publication of allowance is 6-8 months.

 

In my most recent Green Examination filings, one of the applications related to energy-efficient cooling systems, and another related to biodegradable fertilizer compositions. Any invention for which a case can be made as being beneficial to the environment should qualify for green examination.

 

Among benefits of this program are clarity of patentable subject matter and assistance in streamlining foreign filing programs.

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IP Strategy for 2025: A “Health Check” for Your Trademark & Domain NamesPart I – “An Ounce of Prevention is Worth a Pound of Cure.”

by Ivan Lipshitz, Adv., JMB Davis Ben-David

Trademarks and domain names are important assets for all businesses. They are the face of your company to the world at large. They represent your brand's identity and presence, and distinguish your products and services from others. As a trademark owner you need to be aware of what trademarks your business owns, how your trademarks are being used, and understand the value and benefit to your business of your trademark portfolio. You need to know what risks, challenges and threats there are to such marks, and whether you have the appropriate measures in place to secure your trademark rights so that they are valid and enforceable. The same goes for your online presence.

 

This means that you and your business, whether large or small, need to take the time to periodically assess & review your portfolio of trademarks and domain names, and identify the risks, challenges and threats, and key opportunities associated therewith so that they can add value to your overall IP strategy and positively contribute to your business` growth and development.

 

A trademark and domain name audit (herein “Audit”) is a “snapshot” review, assessment and analysis of a brand owner's current portfolio of trademarks and domain names at a given point in time to ensure that the brand owner's trademark usage, trademark holdings and online presence are adequate, sufficient, comprehensive, and accurate for your business goals and needs.

 

Your Audit should include the following steps:

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A Case Of Acquired Distinctiveness – “Off-White’s” Journey To Register Its Company Name As A Trademark In Israel

by Miriam Samis, IL Patent Attorney & US Patent Agent

An application to register the trademark, “OFF-WHITE”, in Classes 9, 35, 41, and 42 for a wide range of goods and services  (Israel Trademark Application. No. 350846) was submitted by Off-White, LLC, a company registered in Illinois, USA, on April 7, 2022.

 

The Examiner refused the registration on the grounds that the application completely lacked distinctiveness and was merely descriptive of the goods.

In response, the Applicant brought extensive evidence to support its claim that the mark had acquired distinctiveness.

 

The Examiner continued to refuse registration, citing the refusal to register BEIGE by Chanel (Israel Trademark Application No. 290317).

 

The Applicant disputed the Examiner’s assertion that the present case is similar to the BEIGE decision, as (i) the requested mark does goes well beyond the boundaries of its normal meaning and (ii) it is the Applicant’s commercial name; for both of the above reasons, it functions as a trademark should is eligible for registration.

 

In issuing her decision, the Adjudicator stated that basic colors, like BLACK, should be left freely available to commerce, as was the decision in IL TM 336982, for the mark BLACK regarding cannabis products.

 

Click here to find out what happened….

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Tzvi Fox is the founder and CEO of Xtend AI, an Israeli startup that has created robots with autonomous artificial intelligence to work in hospitals, restaurants, hotels and more. He worked in the early years with Bill Gates at Microsoft and has been an avid technology innovator and a serial entrepreneur.

 

Avraham and Tzvi sat down in the offices of JMB Davis Ben-David to discuss how Tzvi got involved in technology, how he came up with the idea for Xtend AI, how he builds his businesses, funds them, markets them, tips for startup founders and much more.

LISTEN TO THE CONVERSATION HERE
 

Patents

The JMB Davis Ben-David patent services team helps companies and individuals secure and leverage their patent rights for products in the US, Israel, and globally.

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Trademarks

The JMB Davis Ben-David trademark services team works with leading international brands seeking to merchandize their products in the US, Israel and the rest of the world.

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Designs

For 25 years, the JMB Davis Ben-David team has successfully assisted clients in registering design patents that protect their original designs for products ranging from medical devices to diamonds. 

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The JMB Davis
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We're here to help you with your patents, designs and trademarks.

We started JMB Davis Ben-David with one goal in mind: to help our clients navigate the challenges of securing rights to their IP. This includes patents, designs and trademarks.  Since 1995 we have been working with partners around the world so as to secure our clients’ IP rights.  We’re here for you.

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Managing Partner
JMB Davis Ben-David

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