An application to register the trademark, "PLAY THAT MOVES
YOU", in International Class 28, for goods relating to
playground equipment (Israel Trademark Application No. 318286) was
submitted by BCI Burke Company, LLC on July 3, 2019. The Applicant
requested registration based upon the Applicant's trademark
registration in their home country, the USA.
The Examiner refused the registration on the grounds that the
application lacked distinctiveness, and was descriptive of the
goods, contrary to the requirements of Section 8
of the Israel Trademarks Ordinance [New Version] 5732-1972 (the
"Ordinance"), which sets out:
"(a) No mark is eligible for registration as a
trademark unless it is adapted to distinguish the goods of the
proprietor of the mark from those of other persons (a mark so
adapted being hereinafter referred to as a "distinctive
mark").
