Under Israeli law, a trademark may not be registered if it does
not distinguish the goods or services marketed under it. A
trademark will be refused registration if it is merely descriptive
of the goods or services claimed unless it can be proven that it
acquired secondary meaning through use.
Background: Soroker Agmon Nordman, Advocates
& Patent Attorneys represent Sea of Spa Ltd. Sea of Spa are a
leading Israeli cosmetics company specializing in the development,
manufacturing and distribution of Dead Sea Salt products
worldwide.
In 2014, Sea of Spa Ltd. filed "BIO-SPA" as a
trademark. Their request was denied by the Israeli Trademark Office
on the following grounds:
(1) the mark BIO-SPA lacks distinctive character vis-a-vis the
goods and services requested;
