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  Israeli trademark office rules that "Once Weekly" is a descriptive term and isn´t eligble to be registered as a trademark
Zeev Fisher, Adv.

21/6/2007


In a recent decision, the Israeli Trademark Office ruled that the term "Once Weekly" cannot be registered as a trademark which relates to a drug, as it is descriptive.

The proceeding was an appeal on the trademark examiner´s decision that "Once Weekly" is a descriptive term, and therefore, did not allow it to be registered as a trademark.

The applicant claimed that the term is implying, at most, and not descriptive, as it concerns the dosage of the drug and not the drug itself. The applicant further claimed that the drug has aquired distinguishing value among its customers.

The adjudicator ruled that:

"I find the examiner´s rulling correct and lawful. The terms ´Once Weekly´ in English or in Hebrew are with such a broad extent of descriptive value, that even if distinguishing value is proved, they are not eligible to be registered as trademarks, since it would not be appropriate to deprive the general public or other practitioners the right to use these terms"

The adjudicator also ruled that nevertheless distinguishing value was not proved.



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