Projects

We have drafted a cease and desist letter

January 29, 2019

by

In January 2019 a client who is a proprietor of a registered European Union trademark contacted us. The EUTM has an effect on the territories of all EU member states. Our client is monitoring the trademark and has established that a similar national trademark for identical goods has been filed at the Patent Office of the Republic of Bulgaria for registration. The national trademark that has been filed for registration is a later mark. It is well known, European Union trademarks also have an effect on the territory of the Republic of Bulgaria. Since there is a high degree of similarity between the marks and the goods are identical, there is a likelihood of confusion on the part of the public, which includes the possibility of linking the later mark with the earlier mark, which means, that consumers will think that the marks belong to the same proprietor. Our client has the right to oppose the registration of the later mark before the Patent Office of the Republic of Bulgaria within the three-month period provided for by law, but before that, we decided to prepare and send a cease and desist letter. The client instructed us to prepare and send a cease and desist letter. We prepared the letter in which we provided information about the earlier trademark owned by our client, we compared the two trademarks, compared the goods and concluded that there is a likelihood of confusion. We have given the applicant the later mark a period within which to withdraw the application for registration of the national trademark. We sent the cease and desist letter by email and courier to the applicant of the trademark. We have also provided the applicant of the national mark the certificate for registration of the earlier mark of our client. After a few days, the application for registration of the later mark was withdrawn and the applicant provided us with a copy of the request for withdrawal of the application. The prepared by us cease and desist letter let to the desired result and there was no need opposition to be drafted and filed against the registration of the later national trademark.

 

error: Content is protected !!