Proceedings for cancellation of trademark BENDIDA ® before the Patent Office were initiated by a client of IP Consulting. In its Decision the Patent Office granted the application and ordered cancellation of the mark. The trade mark owner did not present any evidence of the use, but appealed the decision before the Administrative Court – Sofia City (ACSC).
By a decision of 27/09/2013 ACSC confirmed as correct and lawful the decision of the Patent Office for annulment of trademark BENDIDA ® due to lack of use during the five-year period – on the grounds of Article 25, paragraph 1, point 1 of the Bulgarian Law on Marks and Geographical Indications.
The court accepted the arguments of the Patent Office and the represented by IP Consulting interested party that the existence of insolvency proceedings of the trade mark owner during part of the relevant five-year period, in which no usage was realized, in itself is not a valid reason to justify the lack of use.
Even more to consideration of the fact, that in respect of other trademarks the same legal entity has granted licenses for their use by third parties during the period of insolvency, i.e. it has realized use, within the meaning of Article 19, paragraph 3 of the Law on Marks and Geographical Indications – “Use of the mark with the consent of the proprietor shall be deemed to constitute use by himself” despite the insolvency proceedings, although he was in insolvency proceedings.
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