🖈11 Kiryat Hamada Street, Jerusalem, Israel
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SPRING HAS SPRUNG, THE GRASS IS RIS
Spring has sprung, the grass is ris,
I wonder where the birdies is
The bird is on the wing,
But that’s absurd
From what I heard
The wing is on the bird!
It's official. As of March 21 (in the northern hemisphere), we are now in spring. Spring is seen as a time of hope, presumably because this is the time when the natural world is lighter and warmer, and the plant and animal worlds are growing and multiplying. Spring is naturally a season in which we have increased energy.
As we look around and marvel afresh at the forces for good in the world, it’s always good to take stock and to chart fresh directions, each in those areas which are of most relevance. In our field, where there may not be anything new in the way that we view IP, a fresh look never hurts. To that end, I have crafted a short piece in my never-ending efforts to explain how Israeli patent prosecution works. On a less technical note and certainly more closely related to the spring, Miriam Samis discusses an interesting trademark case relating to baby strollers, while Ivan Lipshitz continues his efforts to help our readers untangle the ever more-tangled world of domain names. Finally, in his monthly podcast, Avraham Hermon discusses the world of chatbots, ChatGPT and sales with Dvir Ginsburg of INSAIT.
Finally, as one further sign of spring, the annual meeting of INTA is around the corner, taking place in Atlanta on 18-22 May. We’ll be there. Let me know if you want to meet!
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In Israel, during the normal course of prosecution, examination is performed in turn, but only after a “Notice Prior to Examination” and has received a satisfactory response. The following addresses, in broad strokes, the information that we need to submit to the Israel Patent Office in response to the Notice:
1. Duty of Disclosure
2. List of Foreign Applications
3. Earliest Publication
4. Amendments
Recommended points for claims review:
A. Multiple Inventions
B. Excess Claims Fees
Want to know more? Click here for the full article.
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Contrary to US trademark practice, in Israel the owners of trademarks do not have to periodically submit specimens of use so as to maintain registration. Nonetheless, that does not mean that the validity of a registered trademark cannot be challenged on the grounds of non-use.
In 2015, the popular baby stroller company BABYZEN successfully registered its iconic “YOYO” compact stroller in Israel; in 2022 Shanghai Yaoyo Technology Co, Ltd. filed a competing mark, which was rejected on the grounds of being confusingly similar.
Shanghai Yaoyo then filed a Cancellation Request in 2023 pursuant to Section 41(a) of the Ordinance, claiming that BABYZEN’s YOYO mark had not been used in the preceding 3 years in relation to some of the registered goods.
Do you want to know what happened? Click here.
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What is the position of a licensee, franchisee or distributor of products under a licensed trademark who has registered a disputed domain name and has been using it with the knowledge of, and express or implied, consent of the complainant but once the relationship ends, refuses to give up the domain name and remains listed as the registrant of the disputed domain name corresponding to the licensed mark?
The answer to this question may well depend on whether or not the respondent has rights or legitimate interests in the disputed domain name and, whether the disputed domain name was registered and is being used in bad faith under the Policy. This is discussed in the full article.
Similarly, what is the position where a reseller, OEM (Original Equipment Manufacturer) or dealer sells a complainant`s products, whether authorized or unauthorized, and features the complainant’s trademark within its domain name?
Click here for the answers to the above questions.
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Dvir Ginzburg is the CEO and Founder of Insait, an Israeli FinTech startup that has created an automated financial advisor to help explain and sell financial products to consumers online using AI and deep data.
Avraham sat down with Dvir in the offices of Insait in Tel Aviv to discuss how Dvir came up with the idea, the challenges that he and his company have had implementing with banks, getting funding, tips for startup founders and much more.
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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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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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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
Ben-David
YouTube Channel
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You'll find our hour long webinars on Patents and using the Patent system to your advantage.
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We're here to help you with your patents, designs and trademarks.
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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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