An infringement action based on Article 76, paragraph 1, item 1, item 2, item 3 from the Bulgarian Law on Marks and Geographical indications* in relation with Article 86, paragraph 1 from the Obligations and Contracts Act** filed against Megachim has been rejected as unfounded by the Sofia City Court. The plaintiff claimed that IP…
The Appeals Department of the Bulgarian Patent Office refused protection of International Trademark No 1086657 – 3Max for all goods in Bulgaria
The Appeals Department of the Bulgarian Patent Office (BPO) confirmed in its entirety the Decision of the Opposition panel for total refusal of protection for International Trademark No 1086657 – 3Max in Bulgaria. The Opposition had been filed by 3M Company, represented by the team of IP Consulting, based on Article 12, paragraph 1, item…
IP Consulting’s foreign client successfully defends its rights in a Deletion of registration procedure pursuant to Article 26, para. 3, item b) from the Bulgarian Law on Marks and Geographic indicators
IP Consulting’s client MLEKARA AD filed a request before the Bulgarian Patent Office for Deletion of registration of the figurative mark 81136, registered by a Bulgarian sole trader. The request was based on Article 26, para. 3, item b) from the Bulgarian Law on Marks and Geographical indications which stipulates that “ the use of…
Lack of statement of ground leads to dismissing an appeal as inadmissible
In its decision of 16 October 2015, the Third Board of Аppeal dismissed an appeal against a decision made by Invalidity Division rejecting an application for declaration of invalidity. A.B.A S.R.L. filed an application for declaration of invalidity against registered community design No. 1 965 104 for “Spray Bottles”, owned by VESMAR 23 EOOD and…
Double identity case in OHIM
OHIM confirms the practice of art. 8(1)(a) – “double identity” in the case ULTRA CHOCO vrs. ULTRA CHOCO Agroekola EOOD, represented by the team of IP Consulting and owner of registered Community trade mark No 9 221 111 ULTRA CHOCO filed an Opposition against all the goods of Community trade mark application No 9 571…
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…
