C.A. 941/05 Agudat Hakormim of Rishon Le Zion and Zichron Ya'akov v. Hakerem Ltd.; Judgment of the Israeli Supreme Court dated October 17, 2006, yet unpublished

Following a motion for revocation filed by Respondent, the Trademark Registrar revoked Appellant's trademark registrations ("TIROSH - MUSCAT GRAPE JUICE" and "TIROSH - NATURAL GRAPE JUICE") consisting of the word "Tirosh" with respect to grape juice. IN the appeal, the Supreme Court upheld the Registrar's decision. Justice Berliner ruled that Registrar was correct in determining that based on dictionaries, professional literature and historic references (including the bible), the meaning of the word "Tirosh" is grape juice. This conclusion was also supported by a consumer survey filed by the Appellant, which exhibited that a substantial portion of the consumer public recognized the word "Tirosh". As the mark "Tirosh" is descriptive, the Appellant had to prove that it has acquired secondary meaning in order to enjoy protection. However, according to the consumer survey, only 2% of the consumer public associated the mark with Appellant and Appellant failed to prove spontaneous association of the mark with its products. Justice Berliner held that in view of the evidence on which the Registrar based his decision, Respondent met the burden of proof required in a motion for revocation. Therefore, the mark should be revoked, unless Appellant adds an appropriate disclaimer with respect to the component "Tirosh".