In December 2016, a client who intends to open a chain of fast-food restaurants contacted us and provided us a logo for which we have to conduct a preliminary trademark search. The trademark to be examined whether or not it infringes earlier rights is a combinative trademark consisting of a word and figurative element, and the word element is at the same time a dominant and distinctive element. Our client intends to register the trademark as a national trademark with effect on the territory of the Republic of Bulgaria so it is necessary to determine whether there are earlier similar trademarks with effect on the territory of the Republic of Bulgaria for services falling under Class 43 of the Nice Classification of Goods and Services for the purpose of the trademark registration because the fast-food restaurants are classified in this class. During the preliminary trademark search, we have identified that there is one registered European Union trademark that is similar to the one our client intends to develop. There is a high degree of similarity between the two trademarks and the services are identical. We drafted a detailed written analysis in which we compared the two trademarks and in conclusion, we advised the client not to develop that trademark but to come up with a different name, even more, the earlier trademark is also registered and used for providing services falling in class 43 – fast-food restaurants.
