According to the Court of Justice of the European Union, appeals in cases which have already been considered twice will be allowed to proceed, wholly or in part, only where they raise an issue that is significant with respect to the unity, consistency or development of EU law.
International trade mark rejected due to high similarity with earlier trade mark
The opponent, Magnolia Partner Ltd., represented by the team of IP Consulting filed an opposition against international registration designating the European Union No 1 371 263 for the word mark Kalide. The opposition is against all the goods and services in Classes 3 and 44. It is based on the earlier European Union trade mark…
Changes in the name and address of the proprietor of a TM have to be registered in 3 months before the Bulgarian Patent Office
According to art. 40 from the Law on marks and geographical indications in Bulgaria: Changes in the Name and Address of the Proprietor Art. 40. (1) The proprietor or the applicant of a mark must notify the Patent Office of any change in his name or address within three months after the change occurs. (2)…
IP Consulting Ltd. successfully defended the interests of a Bulgarian trade mark holder
On behalf of its client, IP Consulting Ltd. filed an opposition against all the goods in Classes 29, 30 and 31 regarding European Union trade mark application No 13 681 028 for figurative trade mark Soleo sweet. The opposition is based on inter alia, European Union trade mark registration No 7 562 408 for the…
Industrial design cancellation rejected by the Supreme Administrative Court due to lack of evidence of earlier disclosure
Aiko Multi Concept Ltd. filed an application for cancellation before the Bulgarian Patent Office against industrial design with reg.No. 4521. The contested industrial design is owned by Genomaks Ltd., represented by the team of IP Consulting. The cancellation action is based on art. 29, par. 1, p. 1 and p. 3 in connection with art….
Primus in tempore – potior in iure as far as the holders of Registered Community Designs are concerned
The team of IP Consulting provided arguments that successfully stood ground before the Invalidity Division of EUIPO. The applicant filed an application for declaration of invalidity against a RCD. It suggested that the contested RCD lacked novelty and individual character in relation to its six earlier EUTMs and to its own RCD. The holder of…
Successful defence against a declaration of invalidity for EUTM “Fitto”
The team of IP Consulting successfully argued the lack of likelihood of confusion between the figurative sign “Fitto” and the word mark “VITEAU”. The applicant – proprietor of EUTM “VITEAU”- claimed that there was a likelihood of confusion. The reason – the goods were identical or similar and the signs were similar. He also pointed…
“ИЗБАТА” trade mark and “РЕСТОРАНТ ИЗБАТА 1932” trade mark with an identical distinctive element
The Opposition (distinctive element) is filed against the trade mark application for the registration of figurative trade mark “РЕСТОРАНТ ИЗБАТА 1932”. The opponent is represented by the team of IP Consulting. The Opposition is filed under Art. 38b, par. 1 in connection to Art. 12, par. 1, point 2 from Law on Marks and Geographical…
EPO issues Guidelines for Examination concerning Artificial intelligence and machine learning
For the first time, the European Patent Office (EPO) has issued guidance on the patentability of artificial intelligence and machine learning technologies. The guidance will become valid on 1 November 2018. According to the Guidelines: Artificial intelligence and machine learning are based on computational models and algorithms for classification, clustering, regression and dimensionality reduction, such…
The Patent Office confirms the similarity between “ЦАРСКА” and “ЦАРСКА ТРАПЕЗА”
A company, represented by the team of IP Consulting filed an Opposition against all the classes of a Bulgarian trade mark application “ЦАРСКА ТРАПЕЗА”. The opposition has been filed under Article 38b, par. 1, pt. 1 in connection to Art. 12, par.1, pt. 1 from Law on Marks and Geographical Indications /LMGI/. According to Article…
