"Jaffa" brand name - no longer

Dr. Meir Noam Israel Patent Office commissioner cancelled last week the Citrus Marketing Board of Israel's ( CMBI ) exclusive right to the famous citrus "Jaffa" brand name


00:00 ,17.01.2005 From: PORT2PORT

Dr. Meir Noam Israel Patent Office commissioner cancelled last week the Citrus Marketing Board of Israel's ( CMBI ) exclusive right to the famous citrus "Jaffa" brand name.
 
In a statement issued by the Patent Office commissioner the commissioner said that the CMBI registered the "Jaffa" name in early 1966.
 
In October 2002, the CMBI, through Adv. S. Cassuto, applied to renew the brand name for additional ten-year period.
 
Upon submission of the renewal application, Adv. Tal Band filed an objection on behalf of a client, who claimed that the "Jaffa" name was no longer applicable as a brand name. Dr. Meir Noam said in a statement that the CMBI's own use of the "Jaffa" brand name for citrus grown in South Africa constituted a clear admission that there was no connection between the brand name and its implied features, and any particular geographical area. In effect, according to the commissioner it emptied the brand name of any content.
 
Dr. Meir Noam added that since the CMBI used the "Jaffa" brand name for goods not originating in the geographical region bearing the brand name, had made use of the name indefensible under the Defense of Origin Names law.
 
Following the commissioner decision, the Plant Production and Marketing Board, under whose auspices the Citrus Marketing Board of Israel operates, said it would appeal the decision of Israel Patent Office commissioner. In a press release issued shortly after the decision had been made, the Marketing board made it clear that the Israeli citrus industry 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 many countries, both guarantees are valid.