IP Consulting, on behalf of its client Mina Group Ltd. filed a request for partial cancellation of trademark registration for TM with reg. № 97806 RESTAURANT IZBATA 1932, combined.
The request is filed before the Bulgarian Patent Office under art.26, par.3, p.1 in connection with art.12, par.1, p.1 of the Law on Trademarks and Geographical Indications (LTGI). It is about all the services in classes 35 and 43 and is based on eralier trademark reg.№ 82999 ИЗБАТА.
Art. 12, par. 1, p. 2 prohibits the registration of a trademark identical or similar to an earlier trademark if the goods or services of the trademark are identical or similar when there is a likelihood of consumer confusion involving the possibility of association with the earlier trademark. The principle is that consumers perceive a trademark as a whole, not by dividing it into its individual components.
Identity and similarity was established for the conflict services in Class 43.
According to BPO the opposed trademarks will be remembered by users through the word elements IZBATA/IZBATA, which leads to the conclusion of phonetic similarity in a high degree and semantic identity. The phonetic and semantic coincidence in the sign distinguishing element gives the impression that the later trademark is a version or continuation of the applicant’s trademark.
Given the similarity of signs and the identity and similarity of Class 43 services, the conclusion is that there is a likelihood of consumer confusion.
On the grounds of art. 46, par. 5 LTGI in connection with art. 26, par. 3, p. 1 and par. 1, p. 2 LTGI BPO cancels the registration of trademark with reg. № 97806 RESTAURANT IZBATA 1932, for all the services in Class 43.
