Use is not a requirement in claiming protection of the reputation of a trademark
SOFIA CITY ADMINISTRATIVE COURT FLIPS BPO PRACTICE AROUND WITH CRUCIAL DECISION
The Bulgarian Law on Trademarks and Geographical Indications (LTGI), in consistency with the practice all over Europe and in compliance with EU Legislation provides that the existence of a trademark that enjoys reputation on the territory of Bulgaria can be used as grounds for refusal of registration of another identical of similar mark, even for goods and services that are not identical o...
Read more...Doubtful evidence not enough
COURT RULES - SIMPLY POURING ON HEAPS OF EVIDENCE DOESN'T HELP WITH CREDIBILITY
This is a prime example that quantity of evidence does not compensate for quality. Failure to provide viable evidence cannot be overcome by simply presenting more and more, as the case for cancellation of a trademark, started by the local subsidiary of a large international dairy company, represented by Vasil Pavlov and Momchil Laza...
Read more...Damages from import
THE SUPREME COURT OF CASSATION FINALLY RULES THAT IMPORT OF COUNTERFEITS LEADS TO DAMAGES FOR THE RIGHTHOLDER
The question whether a trademark owner suffers damages when counterfeit goods are imported in the country (or the EU) and seized on the border by the customs authorities has been quite controversial in the Bulgarian legal practice for the last 7 years. Finally, the Supreme Court of Cassation has laid out its position and this will undoubtedly put an end to a l...
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