Class 46 has recently heard from Ventsi Stoilov (Bulgaria) concerning recent activity of the part of the Bulgarian Patent Office, the Custom Agency and the Economic Police.They have succeeded in restraining the export of clothing which infringed some famous trade marks: DOLCE & GABBANA, GUCCI, ERMENEGILDO ZEGNA and VERSACE. These goods were confiscated, indictments have been drawn up and work on this case is continuing.

The indictments are being drawn up under Article 81 of the Bulgarian trade mark law (State Gazette No. 43/2005, in force since 21.08.2005). Article 81 (Administrative Penal Provisions)provides:

(1) (amended – State Gazette No. 73/2006, in force since 06.10.2006) A fine of 500 to 1,500 leva shall be imposed on any person who uses in the course of trade, within the meaning of Article 13, goods or services bearing a sign that is identical with or similar to a registered mark without the consent of the proprietor thereof, and a property sanction of 1,000 to 3,000 leva shall be imposed on one-man businesses or legal entities.

(2) Where the infringement referred to in paragraph (1) is repeated, the fine imposed shall be 1,500 to 3,000 leva, and the property sanction imposed on one-man businesses or legal entities shall be from 3,000 to 5,000 leva.

(3) An infringement is repeated if performed within one year following the entry into effect of a penal provision against the infringer for the same kind of infringement.

(4) (deleted – State Gazette No. 73/2006, in force since 06.10.2006)

(5) The goods referred to in paragraph (1) shall be seized, regardless of the ownership thereof, and they shall then be destroyed, the proprietor of the mark or an authorized person being allowed to witness the process of destruction.

(6) (deleted – State Gazette No. 73/2006, in force since 06.10.2006).