Pavlov & Co

 

The longstanding producer of the bitter-sweet alcoholic beverage which has taken over as a favorite digestive of Bulgarians back in the 1980s – Black Sea Gold (Pomorie) – a major client of Pavlov & Co, has filed the word mark БАДЕМОВ АПЕРИТИВ for registration in the BPO back in 2009 for goods in class 33. The Office issued a provisional refusal, citing that the sign is descriptive for alcoholic beverages, as it indicates the type of the product – a liquor made from almonds or tasting of almonds. The applicant disputed those claims, pointing out that this sign has been used exclusively by him for over 30 years and provided numerous evidence to that regard, claiming that the sign had acquired distinctiveness. The BPO again refused the registration, stating that acquired distinctiveness was not proven as the consumers still did not accept the sign as anything different from an indication of the type of product.

 

The applicant, represented by Pavlov & Co appealed so the battle moved before the Court, where more evidence was presented, including testimony from the head distiller and wine master Djendo Djendov – the mind behind another top product by Black Sea Gold (Pomorie) – BURGAS 63 grape brandy, who presented the Court with a touch of history while explaining the success of the product and the failure of any other producer to replicate it. The Sofia City Administrative Court upheld the appeal and overturned the decision for refusal. The decision was appealed by the BPO, but the Supreme Administrative Court found no deficiencies and ruled on matter, stating that the position of the applicant is completely proven and the sign had acquired distinctiveness through its extensive and exclusive use by the applicant.

 

Sadly, Mr. Djendov could not see the final outcome of the lengthy dispute as he passed away only days before the Supreme Administrative Court announced its ruling.

 

It is now expected that the BPO will comply with the decision of the Court and register the trademark.