User entry of a registered geographical indication

Last updated: 09.01.2020. This publication fully complies with the provisions of the new Law on Marks and Geographical Indications, promulgated on 13.12.2019.

Right to use the registered geographical indication

According to Article 90 of the Law on Marks and Geographical Indications, a registered geographical indication can be used only by the person who is registered as the user thereof. The registered user can use the geographical indication only for the goods for which it is registered. He has the right to affix it to the goods or their packaging or use it in advertising materials, business papers concerning the goods, or on other documents.

User entry of a registered geographical indication

This article will describe the procedure for user entry of a registered geographical indication.

Who can file an application for user entry of a registered geographical indication?

Any person entitled to file an application may file an application for user entry of a registered geographical indication. This means, that this is any person who carries on his production activity in the geographical location, provided that the goods he produces conform to the qualities or characteristics concerned.

The application for registration of user entry of a registered geographical indication shall be filed in one copy at the Patent Office of Republic of Bulgaria in one of the following ways: – directly in the Patent Office; – by mail; – by fax; – electronically.

The application for user entry of a registered geographical indication shall contain: 

1. the user entry request form;
2. name and address of the applicant;
3. data identifying the industrial property representative if the application is filed through an industrial property representative;
4. correspondence address, if any;
5. the geographical indication and its registration number;
6. the designation of the goods;
7. the designation of the borders of the geographical location;
8. description of the  recognized  qualities and characteristics  of  the  goods and  their  relation  with  the  geographical  environment  or  geographical origin;
9. signature.

The application shall be accompanied by a certificate from the relevant municipality that the applicant carries out his manufacturing activity in the designated geographical location, and a certificate issued by the relevant central authority that the goods produced by the applicant comply with the characteristics or features identified for the geographical indication. A document for paid state fees is attached to the application if the payment is by bank transfer.

Each application  shall  be  accompanied  by:

1. a document issued by the municipality concerned certifying that the applicant carries on his production activity in the geographical location concerned;
2. a document issued by the central authority concerned certifying that the goods produced by the applicant possess the necessary qualities and characteristics of the geographical indication;
3. a document certifying payment of the prescribed official state fees (fees may be paid directly at the Patent Office or by bank transfer);
4. a power of attorney – if the application is filed through an industrial property representative.

Once the application has been received at the Patent Office of the Republic of Bulgaria each application shall be recorded in the incoming register of geographical indications with an incoming number and a filing date and the said number and date being marked on the application itself. Each application for user entry is examined whether it has been filed by a person who is entitled to file an application; whether the application has been filed with the Patent Office of Republic of Bulgaria directly, by mail, by fax or electronically; – whether the application contains the user entry request form, name and address of the applicant and the geographical indication registration number; whether the application contains the class and the list of goods and of the Nice classification; whether a document issued by the municipality concerned certifying that the applicant carries on his production activity in the geographical location concerned has been submitted; – whether a document issued by the central authority concerned certifying that the goods produced by the applicant possess the necessary qualities and characteristics of the geographical indication has been submitted; – whether a document certifying payment of the prescribed official state fees has been submitted; whether a power of attorney is attached if the application is filed through an industrial property representative.

If deficiencies are ascertained the applicant shall be notified and given a one-month period to correct them. If within the one-month period, the applicant fails to correct the deficiencies, a decision for refusal of the registration shall be taken. Where the user entry application is found to comply with the requirements as stated above in this article, the applicant shall be entered in the State Register of Geographical Indications as a user and shall be issued with a certificate of use of the geographical indication within one month. The entry of the user of the geographical indication is published in the Official Bulletin of the Patent Office.

Cancellation of User Entry

The entry concerning a  user may be cancelled at the request of any registered user where it is established in a civil action that the user is using the geographical indication for other goods, or that the goods produced by him do no possess the qualities and characteristics concerned. The cancellation of a user entry shall take effect from the date of submission of the cancellation request.

Due to the above-mentioned peculiarities of an user entry of a registered geographical indication procedure, the assistance of a specialist with experience in this area is recommended to be sought, who will prepare all the documents required by the Law on Marks and Geographical Indications as well as the Regulation on drafting, filing and examination of applications for registration of trademarks and geographical indications.

The IP attorney in Bulgaria Krasimira Kadieva will gladly assist you with the user entry of a registered geographical indication by providing professional advice and preparation of all necessary documents.

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Legal Disclaimer: This material prepared by Krasimira Kadieva aims to describe the procedure for user entry of a registered geographical indication 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, industrial designs and geographical indications 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 with the user entry of a registered geographical indication by providing professional advice and preparation of all necessary documents.