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…
The Swiss Army knife of tabletop games could do it all and has a social mission
Gemji is a new-generation magnetic “Learn & Play” framework, built to include blind people. Thousands of years, the tabletop games stay the same – small rocks, beans, animal bones, and tales around the fire. Although board games are for fun and learning, they seem to be a legacy of the past that we do not…
Similarities between trademarks not sufficient to lead to a likelihood of confusion
EUIPO entirely rejected opposition No. 3 094 752 against all the goods of European Union trade mark application No 18 039 001 (figurative). Its proprietor Izvor Relax EOOD is represented by the team of IPConsulting Ltd. The opposition is based on two trademarks – European Union trade mark registration No 9 407 123 and French…