An application for registration of the trademark BANGARANGA was filed with the European Union Intellectual Property Office on May 17. This was confirmed to Darik Business Review by lawyer Diana Popova, after the topic aroused serious interest on social networks.
According to her, it is still not clear who is behind the application, since the name of the applicant is not visible when initially submitted to the EUIPO system.
It becomes public only after payment of the fees and official publication of the trademark. According to the patent lawyer, one thing is certain - the applicant is not DARA herself, who won Eurovision with the song BANGARANGA, but probably a gambling company.
„At the moment we only see that an application has been filed. We do not see who the applicant is“, explained Popova.
According to her, however, there are indications that it is a Bulgarian applicant. The reason is that the first language of the proceedings is indicated as Bulgarian, which is usually done by companies or individuals from Bulgaria. The application was filed through a lawyer named Ralitsa Zaikova-Krushkova.
According to lawyer Popova, the trademark is applied for gambling services and gambling-related products.
„We have slot machines, gambling chips, as well as gambling-related services. Most likely, someone decided to make an online game or brand with that name“.
The application is figurative, which means that it includes not only the name itself, but also a visual element or logo.
According to the expert, if it is proven that the trademark was filed with the aim of benefiting from the popularity of a given name or phenomenon, it can be attacked as being filed in bad faith.
Attorney Popova gave an example of the famous case surrounding the name of the football player Neymar. Years ago, a Spanish trader filed an application for the trademark Neymar for various goods and services, but the registration was subsequently challenged precisely because of an attempt to use the popularity of the athlete.
„When a trademark goes beyond its usual function – to distinguish the goods and services of one trader from another – and is used to benefit from someone's fame, this can be considered bad faith."
According to lawyer Popova, if the singer or her team consider that there is abuse, they can file an opposition with the EUIPO.
„The basis would be precisely bad faith filing of the trademark – that someone is trying to take advantage of the popularity of the name“.
The procedure can be started within three months after the official publication of the application. However, there has not been such a publication yet.
„EUIPO first checks whether the fees have been paid and whether the documents have been correctly completed. Only after that the application is officially published“.
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Dr. Ralitsa Zayakova-Krushkova, representative of the trademark applicant at the European Intellectual Property Office, also commented on the case:
Dear colleagues and friends,
Sincerest respect to Dara and the entire huge performing, authoring and production team behind the success in Eurovision. Magnificent success of the song BANGARANGA. A tribute to the national public emotion when something Bulgarian receives international recognition, and to Dara as an exceptional performer — talented, hardworking, dedicated, consistent – she is a true example for the young generation with her professionalism, energy, creative courage and dedication to her work.
I would like to point out that the application was filed with the European Intellectual Property Office by a Bulgarian company with an international presence, and not by a foreign person trying to capitalize on Bulgarian cultural success. Bulgaria already has enough examples where designations and reputations related to Bulgarian origin have been used or registered by foreign, non-Bulgarian entities.
„In this sense, it is extremely positive that it is a Bulgarian company that has taken into account the importance of the designation and has taken real action to protect it as a brand, and not a foreign company.
It is important to note that from a legal point of view, the popularity of a word does not automatically make it someone's exclusive property. Copyright protects the song, the lyrics, and related rights protect the performer, producers, and the recording, but copyright and related rights do not automatically grant a monopoly on a single word as a trademark, especially for one or all economic sectors.
In this case, a designation is being claimed for products and services in a sector other than the music industry — the gaming and gambling industry, in which the Bulgarian state has global importance.
It should also be noted that Bulgarian companies in this industry are often among the significant partners and sponsors of sports, cultural, and public events. Therefore, it should not be automatically assumed that the interest in a strong and recognizable sign is directed against artists or the cultural sector. Quite the opposite.
It is not excluded that the sign BANGARANGA will arouse interest in other commercial sectors, as often happens with popular cultural phenomena. That is why it is important to consider the topic through the legal framework of trademarks, and not through emotional reactions to any future commercial use.
Bad faith is not assumed. It must be proven with specific facts, and the mere popularity of a given sign is not sufficient for such a conclusion.
We believe that respect for artistic success does not contradict the right of Bulgarian companies to use the established European mechanisms for trademark protection for the benefit of Bulgarian companies and Bulgaria. Something we should be proud of and respect.