Opposition, based on non-registered trade mark rejected as the opponent cannot show actual commercial use, but only intention for use

Bulgarian Patent Office (BPO) rejects an opposition based on a non-registered prior trade mark due to the fact that the opponent cannot fulfils the condition that the prior use should be related to commercial activity. The opposition was filed against trade mark application No 133612 – ТеРаПро (TeRaPro). The trade mark is represented by the…


Decision which clarifies the conditions for cancelation of trade mark registration, based on prior non-registered trade mark

Bulgarian Patent Office (BPO) has decided to reject a request for partial cancellation of a registered trademark because one the requirements under Art.38b, par.1 from Law on Marks and Geographical Indications is not met, namely the applied trademark witch is claimed to be in prior commercial use is not the same trademark as the already…


OHIM announces – “Fast Track” processing of trade mark applications

OHIM announced that from November 24, the CTM applicants will have the option of having their applications published more quickly with the new “Fast Track” procedure. The aim of the Fast Track is the trademark application to be published in half the time or less, as compared to regular applications. For an application to qualify…


Community trade mark applications will now only be examined after they are paid for

On the 27th of October the OHIM announced that from November 24, OHIM will only examine trademark applications and process any mail related to them after they are paid for. According to OHIM 4% of the Community trademark applications they receive are examined but not paid for – and this figure is increasing. By linking…


The lack of evidence for earlier use a trademark – grounds for rejecting an opposition before OHIM

IP Consulting once again successfully defended a client at OHIM (Office for Harmonization in the Internal Market). OHIM rejected the opposition filed against the registration of Community trademark “COLEY” (word), represented by the team of IP Consulting and the trademark will be registered successfully. Having examined the opposition filed by D.E Coffee & Tea Southern…


How will the Bulgarian legislation change after the expected amendment of First Directive of the Council

How will the Bulgarian legislation change after the expected in 2014 amendment of First Directive of the Council to approximate the laws of Member States relating to trademarks (89/104/EEC) In the article „Changes in legislation regarding the protection of trademarks in the European Union“ we discussed the European Commission proposals to amend the FIRST DIRECTIVE…


Ivan Ivanov – Founder and Manager of IP Consulting will participate as a lecturer at the seminar organized by POWERBRAND “HOW TO CREATE A SUCCESSFUL BRAND IN BULGARIA”

The seminar “HOW TO CREATE A SUCCESSFUL BRAND IN BULGARIA” will be held on 15.10.2013 at Novotel Sofia, hall “Europe”. According to organizers, the aim of the workshop is to find answers to many of the main questions faced by any successful marketing strategy, including: What is the business logic behind the creation of a…