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…


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…


Administrative Court – Sofia City confirmed the decision of the Patent Office for the deletion of trademark BENDIDA ®

Proceedings for cancellation of trademark BENDIDA ® before the Patent Office were initiated by a client of IP Consulting. In its Decision the Patent Office granted the application and ordered cancellation of the mark. The trade mark owner did not present any evidence of the use, but appealed the decision before the Administrative Court – Sofia…


Decision of the Cancellation Division of OHIM maintains in force the famous Moldovan trademark DIVIN

An interesting case from practice of the team of IP Consulting from its work with the Office for Harmonization in the Internal Market (OHIM) is its success to defend the validity of the trademark registration DIVIN (one of the few brands that are exclusive state property of the Republic of Moldova). The trademark is used…


BG Trademark Corporation the Exact Taxis – Permanently Deleted Due to Lack of Distinctiveness for Services in Class 39

The team of IP Consulting successfully succeeded in deletion of the improper registration of a Bulgarian trademark which was registered in contradiction with the absolute grounds for trademark registration under the Bulgarian Law on Marks and Geographical Indications, namely: The deleted BG Trademark Reg № 63996 is a word trademark and consists of a combination…


CPC forbids the imitation of the famous trademarks “TO4NITE” and “Tochnite taksita”

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Imitation: Decision No 226/24.02.2011 of Commission for Protection of Competition (CPC) Claimant: Hepi OOD – client of IP Consulting Ltd. Respondent: Milanov Taksi 8111 EOOD CPC initiates a procedure through correspondence No. CPC/977/2010 at the request of Hepi OOD against Milanov Taksi 8111 EOOD to ascertain the fact of infringement of rights according to Articles…


Sofia Civil Court: the symbol “Matraci TEK” infringes the rights of the trademark ” Matraci TED “

Decision No. 3/08.02.2011 – Sofia Civil Court (SCC), CD, VI-3 panel Commercial lawsuit No. 1191/2010 Claimant: TED INVEST EOOD – client of IP Consulting Ltd. Defendant: „AS I KO” ООD The claimant TED INVEST EOOD states that it owns a registered trademark Matraci TED with reg. No. 41080 – combined, registered for goods from class…


The registration of a sign with revoked Bulgarian State Standard as a trademark in not in BAD FAITH!

Decision No 164/08.02.2011 – Sofia Civil Court, CD, VI-14 panel Commercial Lawsuit 1596/2010 Claimant: Meat Factory Karlovo AD Defendant: BELLA BULGARIA AD – client of IP Consulting Ltd The claimant Meat Factory Karlovo AD states that on 3.02.2010 received a letter from BELLA BULGARIA AD with which the defendant claimed infringement of word trademark Osym….


Commission on Protection of Competition: Rivals shall not limit the using of a registered trademark by its legitimate owner

Decision No. 806/13.07.2010 of the Commission on Protection of Competition Claimant: Orgahim AD Defendant: Megahim AD – client of IP Consulting Ltd. The Commission on Protection of Competition (CPC) has started proceedings on correspondence No CPC 169/04.03.2010 on the grounds of Article 94 (1) in relation to Article 38 (1), point 3 from the Protection…