The most important task of every owner of a trademark than its successful imposition of the market is also the permanent protection of this trademark in the years. This is why the “trademark monitoring” is an important preventive tool that every owner of a trademark is advised to use. Trademark monitoring became necessary after the amendments in March 2011 of the Law on Marks and Geographical Indications, with which amendments the opposition procedure of trademarks was introduced, the so-called opposition system, which system has also been introduced by the European Union Intellectual Property Office as well as by many institutions in different European countries. Under this system, the experts in the Patent Office of the Republic of Bulgaria do not check for the existence of earlier trademarks. They only carry out expertise on the merits of applications for registration of trademarks only on absolute grounds for refusal, which are regulated in Article 11 of the Law on Marks and Geographical Indications. In the event that the mark does not fall within the scope of art. 11 of the Law on Marks and Geographical Indications, the application shall be published in the official bulletin (Gazette) of the Patent Office. Within three months of publication, the owner of an earlier trademark, the licensee of an exclusive license of an earlier trademark, the actual owner of the unregistered trademark which is used in commercial activities on the territory of the Republic of Bulgaria, and this owner has filed an application for registration as well as the owner of a trademark, filed in the name of an agent or representative of the owner without his consent, is entitled to submit an opposition against the registration of the trademark. In the event that no opposition is filed or if the filed opposition has been dismissed as unfounded, the decision for the registration of the trademark shall be taken. In this case, the owners of trademarks are advised to take the necessary care in order to protect their rights. The most effective way to do this is by monitoring the published applications for registration of trademarks and in case an application for registration of an identical or similar trademark has been filed, an opposition shall be submitted in order for the registration of the identical or similar trademark be prevented. Therefore, owners of both registered or unregistered trademarks shall take the necessary care to protect their rights by monitoring of all applications for registration of trademarks with effect in the territory of the Republic of Bulgaria. Trademark monitoring is an important preventive tool, which every trademark owner shall use to timely protect his rights and interests.
Below are listed just some of the adverse effects of the registration of similar trademarks:
– dented reputation;
– market share loss;
– consumer confidence loss.
How exactly do you perform the “trademark monitoring”?
We provide the service „trademark monitoring” to clients by weekly identification and finding absolutely all similar trademarks to your trademark that are filed for registration, therefore this service is an important preventive tool, which every owner of a trademark is advised to use as the latter will have the opportunity to defend his rights and interests in a timely manner. Once an application for registration identical or similar to your trademark is found, the following information will be sent to you: applicant’s name; an image of the mark; goods and services; the patent office where the trademark has been filed; the deadline for submission of an opposition.
What kind of trademark monitoring do you offer?
The following types of trademark monitoring are available.
1. National trademark monitoring, for which the following bulletins are observed, namely:
- Bulletin of the Patent Office of the Republic of Bulgaria – on applications for registration of national trademarks;
- Bulletin of the European Union Intellectual Property Office (EUIPO) – on applications for registration of European Union trademarks;
- Bulletin of the World Intellectual Property Organization (WIPO) – on applications for registration of international trademarks with effect in the Republic of Bulgaria.
2. European union trademark monitoring, for which the following bulletins are observed, namely:
- Bulletins of all patent offices of EU Member States (27 offices);
- Bulletin of the European Union Intellectual Property Office (EUIPO) – on applications for registration of European Union trademarks;
- Bulletin of the World Intellectual Property Organization (WIPO)
In the event that you wish to take advantage of the service trademark monitoring, please send the registration number of the trademark, which you want to be monitored as well as your e-mail address and phone number by using the contact form of this website.
If you wish to assign us the monitoring of your trademark, you can use the electronic services by filling in the relevant electronic form, which is available HERE.
PERIOD OF MONITORING
This service is provided for a minimum period of one year.
EACH CLIENT WILL RECEIVE A FREE E-BOOK CONTAINING ARTICLES WITH USEFUL INFORMATION ABOUT TRADEMARKS.
FOR YOUR NEXT ORDER OF ANY OF OUR SERVICES YOU WILL RECEIVE UP TO 15% DISCOUNT.
Legal Disclaimer: For more information on the above-mentioned issues and individual consultations, please contact Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website. Krasimira Kadieva is a Bulgarian and European trademark and design attorney. She offers comprehensive analysis and strategy for the effective protection of trademarks as objects of industrial property, both at the time of registration and in violation of the rights thereto. The Bulgarian IP attorney Krasimira Kadieva assists in all types of trademark registrations by providing professional advice and preparation of all necessary documents.