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A book on krav maga was published in September 2004 by St. Martin’s Press and written by David Kahn entitled, Krav Maga: The Contact Combat System of the Israel Defense Forces. The book clearly illustrates krav maga is a generic name. The book is turning some heads because the Krav Maga Association of America claims to be the only source of krav maga in the United States. The Krav Maga Association of America has nothing to do with this book.
As many of you know, the Krav Maga Association of America is not the source of krav maga; it is the original Israeli Krav Maga Association (IKMA) headed by current Grandmaster Haim Gidon. The IKMA is very active in the United States. David Kahn, an instructor under the authority of Grandmaster Gidon, is the United States liason and works with IKMA senior instructors including Rick Blitstein, Alan Feldman, and former krav maga chief military instructor, Boaz Aviram -- all trained by krav maga creator Imi Lichtenfeld (1910-1997). Another senior Israeli Instructor, Dror Saporta, teaches krav maga in Los Angeles. Moni and Nir Maman Issacs instruct krav maga in Canada.
No one owns the name krav maga, and in this author’s opinion, no one should. According to the Israeli Krav Maga Association, the original governing body for krav maga, no one person or entity has the right to register the generic name krav maga in any country. It is used all over the world and taught in more than two dozen countries. There are also tens of dozens of schools in Israel. The name is generic and well-known to the martial arts community just like karate or judo.
Evidently, the Krav Maga Association of America headed by Darren Levine applied to formally trademark the name krav maga in July of 1999 with the United State Patent and Tradmark Office (USPTO). In December 2001, registration was rejected and a final refusal was mailed. In other words, the name krav maga is not currently registered to anyone or any organzation in the United States. The Krav Maga Association of America has been appealing the USPTO rejection since 2002 arguing they are the only source of krav maga in the United States -- which we know is not true.
The USPTO originally rejected the registration stating the term, krav maga, was “merely descriptive” under Section 2(e) of the Lanham Act, 15 U.S.C. Section 1052. This is akin to being a generic term. A merely descriptive mark, without becoming distinguised by a secondary meaning, is not registrable in the USPTO. The Krav Maga Association of America argues they have have their own brand of krav maga deserving trademark protection.
Here is some of the actual langauge from one of the USPTO’s Office Actions for the mark, krav maga, taken from documents compiled by Thomson & Thomson research services:
- “The examing attorney refused registration on the Principal Register because the proposed mark is merely descriptive of the indentified goods. Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1); TMEP section 1209 et seq. Moreover, the proposed mark appears to be generic as applied to the goods and, therefore, incapable of identifying the applicant’s goods and distinquishing them from others”
- “It is well established that the foreign equivalent of a merely descriptive English word is not registrable. It is merely too descriptive”
- “Krav maga appears to be generically descriptive of a form or class of martial arts or self defense techniques . . . the mark cannot be registered on the Principal Register or Supplemental Register. . . . The applicant’s claim of acquired distintiveness is considered insufficient”
- “An internet search further illustrates the generic descriptiveness of the term as applied to martial art defense techniques and related training goods.”
- “Also it appears several competitors use the term generically.”
- “It is well established that terms which describe the most important or central characteristics of the goods or services, should be and have been held to be legally generic.”
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