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 Indications – distinctive element. It is based on an earlier figurative trade mark “ИЗБАТА”. The Opposition is against all services in Class 35 and in Class 43.
The applicant claims that there is no similarity between the goods and services in Class 35 and in part of those of Class 43. He claims also that, viewed in their entirety, the trade marks are different due to their different colors, font and composition.
The team of IP Consulting succeed to prove that the trade marks are absolutely identical in their distinctive element “ИЗБАТА”. The elements “РЕСТОРАНТ” and 1932” were considered for non-distinctive.
Ultimately, the Opposition Division of the Bulgarian Patent Office rejected a registration of the trade mark in respect of all services in Class 43. Opposition is against Class 35 and in Class 43.
A case from the practice of IPConsulting in the field of trademarks – oppositions, distinctive element.