ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
5.6 Amendment in Revocation/ Cancellation Proceedings
There is no formal preliminary discovery of documents between the parties in opposition proceedings. The statement of opposition and the response need to be drafted in a detailed manner and the evidence filed afterwards needs to conform with the information provided in the pleadings. Cancellation and revocation actions need to be brought before the Trademark Office, however, defendants can attack the validity of a plaintiff’s trade marks in the frame of an infringement law - suit. Partial cancellation and revocation actions are available in Israel with respect to specific class - es of goods and services. Partial cancellation actions based on non-use are available not only with respect to specific classes of goods and services, but also with respect to specific goods and services. Regarding copyright – see 5.1 Timeframes for Filing an Opposition or Cancellation. 5.5 Legal Remedies Against the Decision of the Trade Mark Office Applicants have the right to file an appeal against final decisions refusing the registration of a trade mark. Parties have the right to file an appeal against final decisions in opposition, cancellation or revocation proceedings to a district court. Appeals concerning non-final miscellaneous decisions in opposition, cancellation or revoca - tion proceedings are appealable by leave to a district court. District court decisions may be appealed by leave to the Supreme Court.
A trade mark may be amended in cancellation and revocation proceedings by the registrant, the registrar or due to an order of the court. Possible amendments are changes of owner - ship; restriction or removal of specific goods, services or entire classes in multi-class regis - trations; the recording of disclaimers; and slight amendments to the trade mark which do not increase the scope of protection or do not incur a substantial change. Regarding copyright – see 5.1 Timeframes for Filing an Opposition or Cancellation. 5.7 Combining Revocation/Cancellation and Infringement Trade mark revocation and cancellation actions are heard before the registrar while infringement actions are only heard before the courts. Revo - cation and cancellation actions may eventually be heard before a court, if a request for cancel - lation/revocation of a trade mark is raised by the defendant as a defence claim. Pending a court infringement action, it is common practice to request the registrar to stay cancellation or par - allel proceedings. Regarding copyright – see 5.1 Timeframes for Filing an Opposition or Cancellation. 5.8 Measures to Address Fraud Trade marks filed in bad faith or fraudulently are vulnerable to cancellation proceedings without any time limit by any aggrieved person. Regarding copyright – see 5.1 Timeframes for Filing an Opposition or Cancellation.
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