Primus in tempore – potior in iure as far as the holders of Registered Community Designs are concerned

The team of IP Consulting provided arguments that successfully stood ground before the Invalidity Division of EUIPO. The applicant filed an application for declaration of invalidity against a RCD. It suggested that the contested RCD lacked novelty and individual character in relation to its six earlier EUTMs and to its own RCD. The holder of…


Protection of earlier Registered Community Designs made by the team of IP Consulting

On 28.07.2014 a Bulgarian company, represented by the team of IP Consulting, filed an Application for a declaration of invalidity. It contested a Registered Community Design of a washing sponge (shown below). The grounds were based on one hand on the Article 25(1)(b)CDR, that the RCD does not fulfill the requirements for protection pursuant to…


Sofia City Administrative Court has decided to reject an appeal for invalidation of a registered industrial design due to the fact that the requirements for invalidation – novelty and originality were not met

Summary of facts: G.Ltd. (Bulgarian trademark for mattress frames), represented by IP Consulting team, is a proprietor of a registered industrial design N4251, applied on 10.04.2001 and registered on 08.11.2001. The Registration includes three designs of “mattress frames”, as the first two are represented with one color photographic image and the third one with –…