The Opposition has been filed against the trade mark application No 135838/ 20.02.2015 – “NOVO MARE”. The trade mark is represented by the team of IP Consulting.
They have succeed to prove that even though the contested mark and the registered prior mark have some similarities to some extent, they will provoke different associations in consumers’ minds when they see their signs and this is enough significant to don’t cause misleading.
The opponent claimed that the marks are visual, phonetic and conceptually similar. In addition, the opponent also claimed that the goods and the services trade marks are for, are in identical classes – 29, 30 and 43. The arguments for rejection the trade mark registration are that this similarities can confuse the relevant consumers and can make them perceived that the goods and the services of the opposing mark come from the already known and famous mark and even they are new product line.
The Opposition has been filed under Article 38b in connection to Art. 12, par. 1, point 2 and Art. 12, par. 3 from Law on Marks and Geographical Indications and there are the following required elements which should be implemented CUMULATIVELY:
– identity or similarity of the signs and goods, respectively services for which they are intended for;
– likelihood of confusing consumers, who can take the sign as belonging to the same or economically bounded persons.
Bulgarian Patent Office has decided to reject the filed Opposition as unfounded on the ground that one of the cumulatively requirements wasn’t completed, namely the combination of the elements of the contested sign makes strong conceptual entity which could not confuse the customers about the trade marks. So, the opposing mark will not make the prior trade mark INDISTINGUISHABLE.
EUTM 135838/ Contested trade mark The prior trade mark
“NOVO MARE” “RIO MARE”