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Registration of a trademark in Bulgaria

Last updated: 25.04.2020. This publication fully complies with the provisions of the new Law on Marks and Geographical Indications, promulgated on 13.12.2019.

This article will describe the procedure for registration of a national trademark having an effect on the territory of the Republic of Bulgaria. 

MORE INFORMATION ABOUT TRADEMARKS AND THE “TRADEMARK REGISTRATION” SERVICE CAN BE FOUND HERE AND HERE.

During the registration procedure of a trademark it is advisable to seek assistance from a specialist with experience in this field, as a thorough knowledge of trademark law is required and a number of features need to be taken into account. An experienced trademark professional will not only take care of the registration of your trademark but will also help you successfully retain your trademark after registration, which is one of the most important obligations of any trademark owner.

One of the most frequently ordered services in the past years in the practice of the law firm of Krassimira Kadieva is the services related to the registration of trademarks. The law firm of Krasimira Kadieva 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. Krasimira Kadieva will gladly assist you in all types of trademark registrations by providing professional advice and preparation of all necessary documents. Krasimira Kadieva is an author of numerous articles in the field of trademark law and constantly follows the changes in legislation in this area as well as regularly attends conferences, practical courses, seminars, forums, and webinars for improving her professional qualifications.

What is a trademark?

Trademark (known in business circles as a „brand” or „brand name”) is a sign used to identify and distinguish the goods of one manufacturer or seller from those of another sign used to identify and distinguish the goods of one manufacturer or seller from those of another and can be presented in the State Register of Marks in such a way that it is possible to clearly and accurately determine the subject of the protection granted with the registration. Such signs may be words, including names of persons; letters; numerals; drawings; figures; the shape of goods or of their packaging; a combination of colors; sound signals, or any combination of such signs.

According to the way of representing the marks are three-dimensional, sound marks, combinative, word, figurative. According to their use, marks are trademarks, collective marks, and certification marks. Depending on its territorial validity the mark may be registered as a national trademark, regional (community trademark), and international trademark.

The owner of the trademark receives the exclusive right to use the trademark, transfer the trademark and prevent third parties without his consent from using in their commercial activities identical or similar trademark. For this reason, registration and maintenance of the trademark are the most important steps that have to be taken by any business. If the trademark has been registered the potential for abuses and losses incurred by the imitation of the goods or services is significantly reduced.

Trademarks’ registration procedure is regulated by the Law on Marks and Geographical Indications and the Regulation on drafting, filing, and examination of applications for registration of trademarks and geographical indications.

Who can submit an application for registration of a national trademark in the Patent Office of the Republic of Bulgaria?

Under the Law on Marks and Geographical Indications, applicants for registration of trademarks can be Bulgarian natural and legal persons, as well as foreign individuals and legal entities, who should perform actions before the Patent Office through a Bulgarian industrial property representative.

The application for registration of the trademark shall be submitted at the Patent Office of the Republic of Bulgaria in one of the following ways:

– by post;
– by fax (the original documents must be received by the Patent Office within one month from the date of the receipt of the fax);
– electronically (this service functions since 2014).

The application for registration of the trademark shall contain the following:

  • request for registration;
  • name and address of the applicant;
  • representation (image) of the trademark;
  • list of the goods or/and services;
  • kind and type of the trademark;
  • information about the representative, when such is authorized;
  • mailing address;
  • description of the trademark;
  • information about the division of the application – application number and date of submission of the previous application;
  • information about claimed priority, if such is claimed;
  • information that the application is the result of a transformation of a European Union trademark application/registration – the number and date of filing of the transformed application /trademark, as well as information about priority if such is claimed;
  • information that the application is the result of a transformation of international trademark registration – number and date of registration of the transformed international trademark, as well as information about priority, if such is claimed;
  • declaration of the surrender of the exclusive right over a trademark element;
  • list of the attachments.

A state fee for the registration of the trademark, which amounts to 520 leva should be paid in the case that the application for registration of the trademark is for three classes. For each subsequent class, an additional fee of 30 leva shall be paid. For issuance of a registration certificate, the state fee is 50 leva.

The first check that is performed by the experts at the Patent Office is checking whether the requirements of the Law on Marks and Geographical Indications are met regarding the filing date. The filing date shall be the date on which the Patent Office has received the following documents:

– request for registration;
– name and address of the applicant;
– representation (image) of the trademark;
– list of the goods or/and services;
– for collective and certification trademarks – the rules for their use.

The application shall be signed by the applicant or by an authorized industrial property representative.

When these requirements are met, the application for registration of a trademark is entered in an entry register of trademark applications where the relevant number and the filing date are indicated.

The next check, which is carried out by the experts at the Patent Office is whether a document for paid state fees for application and examination is attached and whether the application relates to a single trademark intended for goods and/or services in one or more classes of the Nice classification of the goods and services.

Within two months of completion of the formal examination the next expertise is carried out, which expertise is on the existence of absolute grounds for refusal, which means, whether the trademark falls within the scope of Article 11 of the Law on Marks and Geographical Indications. If there is a ground for refusal, the applicant shall be notified and should be given an opportunity to lodge an objection within two months. If within the period of two months, the applicant fails to respond, object unreasonably or does not restrict the list of the goods or services, a full or partial refusal should be taken. In the event of a partial refusal, the applicant may, within one month of receipt of the decision or in the appeal proceedings against the decision, file a request for division of the application. Only the goods and services not contested in the examination on absolute grounds and included in the original application may be subject to the separate application.

The next part of the procedure for registration of the trademark in Bulgaria is the publication of the application in the Official Gazette of the Patent Office of Republic of Bulgaria. This is carried out within one month after the completion of the expertise on the existence of absolute grounds for refusal.

Within three months of the publication of the trademark application and, where the opposition has been filed, until the completion of the opposition proceedings, any natural or legal person, bodies governed by public law, as well as associations of manufacturers, service providers, traders, or consumers may object to the registration of the trademark on the basis of absolute grounds for refusal.

Within three months of the publication of the trademark, an opposition may be filed against the registration of the trademark, as well as against the recognition of the effect of an international registration on the territory of the Republic of Bulgaria.

The opposition proceedings will be described in detail in a separate article. Where the opposition is unfounded, a decision for the total or partial refusal of registration of the trademark shall be taken.

Where no opposition has been filed or when the opposition has been rejected in whole or in part as unfounded by a final decision, the applicant shall be sent a written decision for the registration of the trademark.

If you would like to register a trademark in Bulgaria you are therefore advised to contact a trademark lawyer in Bulgaria for professional advice and preparation of all necessary documents. The trademark attorney in Bulgaria Krasimira Kadieva will gladly assist you during the registration process of your trademark by providing professional advice and preparation of all necessary documents.

National trademark registration service includes the following steps:

  • Strategic analysis;
  • Consultation – providing information on the registration procedure of the national trademark;
  • Providing of a specially prepared brochure containing important information about the national trademarks;
  • Conducting a preliminary search of existing identical or similar trademarks in order to avoid trademark infringement (unauthorized use) and potential lawsuits;
  • Drafting of a detailed analysis of the data and recommendations for further actions, including and, where necessary, proposals for change in the trademark before submitting the application for registration to overcome the infringement of existing prior rights on identical or similar trade marks;
  • Analysis of the trademark pursuant to the Law on Marks and Geographical Indications and provision of the results of the analysis;
  • Proposal of an appropriate range of goods and services for which the national trademark should be filed;
  • Filing of the application form for registration of the national trademark;
  • Payment of state fees;
  • Submission of the application form for registration of the national trademark at the Patent Office of Republic of Bulgaria;
  • Legal representation during the registration process of the national trademark;
  • Timely communication with the client on the course of the registration procedure;
  • Obtaining a certificate for a registered national trademark and handling this certificate to the client;
  • A reminder of the deadline for renewal of registration of the national trademark.

If you wish to assign us the registration of your national trademark, you can use the electronic services by filling in the relevant electronic form, which is available HERE.

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: This material prepared by Krasimira Kadieva aims to describe the trademarks registration procedure in Bulgaria. It does not constitute a legal opinion and cannot be interpreted as individual consultation on any concrete facts or circumstances. The advice of an intellectual property specialist should be obtained for specific questions and situations.   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 IP lawyer in Bulgaria Krasimira Kadieva assists in all types of trademark registrations by providing professional advice and preparation of all necessary documents.

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