Israel Patent Office Allows Descriptive Slogan to be Registered as a Trademark

17 03 2009

In a somewhat odd decision, Israel IP Arbitrator, Noach Shmulovich has ruled to allow registration of slogan ‘A Diamond in Your Pocket’ as a trademark on appeal.

Background
In general, the Israel Patent and Trademark Office does not like registering slogans as trademarks as they are generally NOT considered as indicative of origin since the public does not consider them as being indicative of origin. . . .


The case in question

The application relates to a card having diamond dust thereupon. Diamond dust is a by-product of the diamond polishing industry that Israel is a major player in. It’s more or less worthless, but applicant had bright idea of sticking such dust onto a card, and selling it as a gimmick.

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