THE CASE The company LIFY COSMETICS JSC filed on July 22, 2021, the application for registration No 4787286 relating to the trademark REVELE (word trademark in France). REVUELE Ltd., Bulgaria, client of IP Consulting Ltd., filed an Opposition against all the goods and services in Class 3 of the said trademark before the National Institute…
European Union Trade Mark (EUIPO) – Criteria for use of a trademark
THE CASE Cooperation Panda, Corporation, Tsarigradsko Shose Blvd 139, 1784 Sofia, Bulgaria (applicant), represented by IP Consulting Ltd.,(European trademark attorneys) filed a request for revocation of EUTM (European Union trademark) No 9 496 911 (figurative mark) before the EUIPO (European Union Intellectual Property Office). The request is directed against all the goods covered by the…
EUIPO – European Union trade mark cancelled due to lack of distinctiveness
THE CASE Елби 70 АД (applicant), represented by Ip Consulting Ltd.,(professional representative) filed a request for a declaration of invalidity against European Union trade mark No 1 755 511 COCOCARE (word mark) (the EUTM), filed on 13/07/2000 and registered on 30/04/2002. SUMMARY OF THE PARTIES’ ARGUMENTS The applicant argues that the contested mark is composed…
Trade Marks – a short historical note
A trademark is a distinguishing mark not only for the goods and services offered, but also for the companies that use them. A trademark has a communicative function with consumers, as it can testify to the reputation of a company, to the quality of the products and services offered, and can significantly increase consumer confidence…
A non distinctive element in a trade mark cannot lead to possibility of confusion
The case An opposition has been filed with ref. No 70111020/24.01.2019, according to the opponent there is visual, phonetic and semantic similarity between the earlier mark “Б. П. бирени’ and the trademark applied for, as the signs contain common distinctive and dominant elements, namely ‘пръчици’ and ‘бирени’. The applicant of the opposed mark ИНТЕРМЕС Ltd….
SHEEP’S CHEESE KASHKAVAL BULGARIAN KASHKAVAL MADE IN BULGARIA – trade mark cancelled on absolute grounds
Absolute grounds for refusal of registration of a trademark are laid down in Art. 11, par.1 of the Law on Marks and Geographical Indications (LMGI). It is characteristic of the absolute grounds for refusal of registration that they affect the ability of the sign applied for to be a trademark at all. They are…
HOLLESTA and CHOLESTINE are confusingly similar
The opponent is the holder of an earlier national registration of the verbal mark ‘HOLLESTA ХОЛЛЕСТА’, registered for goods in Class 5 – ‘pharmaceutical products’. The opposition was filed against a misleadingly similar trademark applied for registration also for pharmaceutical products, namely the trademark “CHOLESTIN ХОЛЕСТИН” – verbal. Goods and services of the conflicting trademarks…
SOLEI vrs. SOLIO – EUIPO confirms likelihood of confusion
THE CASE Velikov & CO OOD, Bulgaria, represented by IP Consulting Ltd., filed an Opposition against all the goods and services in Classes 29 and 31 of EUTM Application No 17 887 969 (figurative mark). The opposition is based on inter alia, European Union trade mark registration No 7 559 107, (figurative mark). After considering…
RCD (Registered Community Design) lacking individual character
The case PhiAcademy GmbH represented by IP Consulting Ltd appeal Invalidity Proceedings No ICD 109 762 against registered Community design No 6 588 778-0001 (“the contested RCD”) before of the Third Board of Appeal. By a decision dated 25 October 2021, the Board set aside the decision and declared the contested design invalid. The designs…
FAMILY FARM – is a descriptive term and does not mislead
The Greek company AGRIFARM ΙΔΙΩΤΙΚΗ ΚΕΦΑΛΑΙΟΥΧΙΚΗ ΕΤΑΙΡΕΙΑ filed an opposition against the registration in Bulgaria of a trademark – “FAMILY FARM” – combined. The Bulgarian company – food producer (farmer) is represented by the team of IPConsulting. The opposition is based on an earlier European Union trademark – combined and contains an element “Family Farm”. The…