The Plant Production and Marketing Board, under whose auspices the Citrus Marketing Board of Israel operates, will appeal the decision of Israel Patent Office commissioner Dr. Meir Noam to deprive it of exclusive use of the Jaffa brand name.
The Plant Board explains that the Israeli citrus industry has hitherto had two guarantees of its exclusive right to use the Jaffa brand. One is protection as an original name, and the second is protection as a commercial symbol. In some countries, both guarantees are valid.
The Plant Board said that Noam’s decision invalidating exclusive use of the Jaffa brand as an original name cannot apply to its protection as a commercial symbol, which is valid in all countries that have signed the Lisbon Agreement - Protection of Appellations of Origin and their International Registration (1958).
Plant Production and Marketing Board legal advisor Adv. Shmuel Cassuto asserts that Israel Patent Office commissioner Dr. Meir Noam exceeded his authority, because his decision contravenes Israeli law.
Cassuto said, “The amendment to the Trade Marks Ordinance (New Version - 5732-1972) stipulates explicitly that the Jaffa brand name is an original name, and shall be valid in all countries that have signed the Lisbon Agreement. We believe that our appeal will correct the Patent Office commissioner’s decision.”
Published by Globes [online] - www.globes.co.il - on January 13, 2005