electric bike (freepik photo)
Following the application of the importer Obeh Zion Ltd., the importer of BMX bicycles, to register a designed trademark containing the letters BMX, which represent an accepted abbreviation for bicycles used for challenging riding Bicycle Moto-cross X, the deputy registrar of patents prevented him from using a unique combination of BMX and there was a very interesting reason for this .
During the examination procedure, the importer informs the examiner that the combination in the mark is used by many manufacturers and importers, but each of them designs it differently or adds components to it. The designed mark is registered. Not much time passes and the importer sends notices and letters to the bicycle importers in Israel claiming that they are infringing his mark, even though they do not use the particular design.
More in-
Their goods were stopped at customs. Unfortunately for them, two of them, Itay Barhoum and Temman Meretz Millennium Ltd., subsequently submitted a request to delete the designed mark. The Deputy Registrar of Patents decided following their application that: “The requested mark will not give unique use to the word combination BMX but to the composition of the mark”.
The decision was, of course, to cancel the importer’s confidential agreement with the other two importers. Now he will be able to market the brand and not exclusively as he wishes, but equally with other importers of the brand to Israel.
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