The proprietor of challenged EUTM did not submit any proofs for defending his mark in the particular time limit

The applicant, a Bulgarian company, represented by the team of IP Consulting, filed a request for revocation of EUTM 008810855 eGift. The application was filed on the grounds of non-use (Article 51(1)(a) EUTMR) and it is directed against all the goods and services covered by the EUTM, namely – Classes 9, 35 and 36. Based…


The team of IP Consulting have achieved a grеаt success in defending a trade mark registration

The Opposition has been filed against the trade mark application No 135838/ 20.02.2015 – “NOVO MARE”. The trade mark is represented by the team of IP Consulting. They have succeed to prove that even though the contested mark and the registered prior mark have some similarities to some extent, they will provoke different associations in…


Graphical representation – types of mark, changes in EUTM Law since 01.10.2017

The graphical representation requirement no longer applies when submitting a trade mark application as and from 1 October 2017. This means that, from that date, signs can be represented in any appropriate form using generally available technology, as long as the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective. The result is a ‘what you see is…


Changes in EU legislation regarding Community trade marks

On 23 March 2016, Regulation (EU) 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation (the Amending Regulation) entered into force. Among other things, the Amending Regulation changed: the name of the Office to the European Union Intellectual Property Office; the name of the trade mark administered by the Office to…


Protecting Innovation through Trade Secrets and Patents: Determinants for European Union Firms

The EUIPO through the European Observatory on Infringements of Intellectual Property Rights has launched a report on Protecting Innovation through Trade Secrets and Patents: Determinants for European Union Firms. The report uses data from the Community Innovation Survey for 24 EU Member States to examine the economic importance of trade secrets and their relation with…


EPO clarifies practice in the area of plant and animal patents

From 1 July 2017, the EPO will no longer grant patents for plants and animals exclusively obtained by means of an “essentially biological process”. The press release of the EPO from 29.06.2017 states the following: On a proposal of the European Patent Office its Administrative Council took a decision to amend the relevant Regulations in order…


Sofia City Administrative Court has decided to reject an appeal for invalidation of a registered industrial design due to the fact that the requirements for invalidation – novelty and originality were not met

Summary of facts: G.Ltd. (Bulgarian trademark for mattress frames), represented by IP Consulting team, is a proprietor of a registered industrial design N4251, applied on 10.04.2001 and registered on 08.11.2001. The Registration includes three designs of “mattress frames”, as the first two are represented with one color photographic image and the third one with –…


New Classification Guidelines published by WIPO

The Nice Classification (NCL), established by the Nice Agreement (1957), is an international classification of goods and services applied for the registration of marks.  The eleventh edition of the NCL came into force on January 1, 2017. The authentic texts of the Nice Classification (in English and in French) are published online by WIPO. By decision…


EUTM application 014297006 Garden CREATIONS partially rejected by EUIPO due to likelihood of confusion on the part of the public

The opposition against EUTM application No. 014297006 Garden CREATIONS Y filed by AGRO-BIO TRADING OOD, represented by IP Consulting, pursuant to Article 8(1)(b)EUTMR was settled as the trade mark was rejected for all the contested goods against which the opposition was filed pursuant to the final decision of the Operations Department rendered in opposition No….