ISRAEL IP

Trademarks are registered in Israel subject to disclaimers all the time. Disclaimers make sure a mark is not extended to become over broad.

A standard disclaimer allows  using the mark as a whole, but not exclusively using each of the words in a mark or the words only in a designed mark.

Now, for the first time, a “flipped” disclaimer was forced to allow registration of a mark.

The mark “Kupper” was used in commerce, and then, an application was filed. Other marks, with “Kupper” as part of them were already used. The mark was allowed to registration as long as the use of the word KUPPER is with that word ALONE. Using the word KUPPER together with other words will keep beign  allowed.

Another important  decision in the same ruling - when a mark is filed as a merely defensive mark, it will not be allowed for registration although no use is required in Israel. The conclusion - never admit you are registering a defensive mark.

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