Use of translated word mark of a registered trademark, could be considered as trademark use

The Trademark Registrar: Use of translated word mark of a registered trademark, could be considered as trademark use according to law, to avoid trademark cancellation

Micys Company S.P.A filed a motion for cancellation of the registered trademark “DIVA” on the basis of lack of use according to paragraph 41 of the Trademark Ordinance.

The Trademark Registrar rejected the motion and ruled that use of translated word mark of a registered trademark, could also be considered as trademark use according to law, to avoid trademark cancellation.

The Trademark Registrar also ruled that even a use of the translated version of the mark as part of the company’s business name could consider to be use of the trademark in connection with the goods in which he manufacture or trades according to Paragraph 1 of the Trademark Ordinance.

Micys Company S.p.A v. Ronit Lahav & Co. Motion for Cancellation of Trademark No. 13296, 14630 (24/3/2010).