A foreign company, represented by the team of IP Consulting, filed an Opposition against all the goods of European trademark application, namely against all the goods in Class 5. The opposition is based on European trademark registration for a figurative mark. The opponent invoked Article 8(1)(a) and (b) EUTMR. The goods on which the Opposition is…
Protection of earlier Registered Community Designs made by the team of IP Consulting
On 28.07.2014 a Bulgarian company, represented by the team of IP Consulting, filed an Application for a declaration of invalidity. It contested a Registered Community Design of a washing sponge (shown below). The grounds were based on one hand on the Article 25(1)(b)CDR, that the RCD does not fulfill the requirements for protection pursuant to…
For the “Likelihood of confusion” – article 8(1)(b) EUTMR
The owner of an international trade mark No 1 119 310, represented by the team of IP Consulting, filed an Opposition against all the goods of EUTM application No 13 811 997. The opponent invoked Article 8(1)(b) EUTM – a likelihood of confusion. According to the Decision a likelihood of confusion exists if there is…
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…
Certification marks – new provisions in EUTM Law since 01.10.2017
Certification marks are a new kind of trade mark at EU level, although they have existed in certain national level systems in the EU for some years. The European Union certification mark is defined as a mark that is “capable of distinguishing goods or services which are certified by the proprietor of the mark 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…
