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 the mark shall be possible to be prohibited on the basis of earlier right of third person which right benefits protection under other law and in particular:… copyright”.
MLEKARA AD has been using a particular sign to mark it’s milk products since 1995 – an image of a young girl with a costume typical of the Balkans. The sign has been created by contract for artwork for packaging and was subject to copyright. The team of IP Consulting claimed that registered figurative mark 81136 was compositionally totally identical to the above mentioned sign and that the mark owner had deliberately filed the registration application. The Bulgarian sole trader knew about the copyright infringement as he had received a warning after filing a previous application completely identical to the mark MLEKARA AD has been using and had immediately withdrawn it.
The Deletion procedure had to be suspended due to copyright dispute claim filed by the team of IP Consulting before Sofia City Court.
The case has been settled as the owner of the attacked registered mark sent a request to the Bulgarian Patent Office to terminate the effect of the registration. Consequently, the President of BPO rendered a Decision to terminate the procedure.
