A trade mark non-use revocation action was filed against trade mark REfAN, reg.No. 66936 combined. The owner of the attacked trade mark is represented by the team of IP Consulting.
The trade mark non-use revocation action is based on the claimant’s allegation that more than 5 (five) years have passed since the date of registration, but after inspection of the market in the Republic of Bulgaria no use of the attacked trade mark has been established.
According to BPO the request is unfounded.
The reasons for this are the following:
Given the case-law of the Court of Justice of the European Union, the fact that the proprietor of the trade mark has provided evidence of its use by a third party is sufficient to suggest that such use was made with his consent.
Тhe analysis of the presented evidence – invoices, photos, excerpts from electronic catalogs, advertising materials, labels, stickers and accounting statements, shows that during the relevant period 13.07.2012 – 13.07.2017 the trade mark owner/the licensee REFAN BULGARIA OOD has offered for sale goods – candles different in type and size, which can be related to the goods of class 4, for which the trade mark is registered. The volume, duration, regularity and geographical scope of use of the trade mark for these goods lead to the conclusion that the use is real and efficient. It allows the creation and maintenance of market share in the sector.
In view of the above, The President of the Patent Office rejected the non-use revocation action against trade mark with reg. № 66936 REfAN, combined.
