Last updated: 17.12.2019. 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 the surrender of trademark registration, which is regulated in Article 24 of the Law on Marks and Geographical Indications and the Instruction on Requests for the Registration of Changes in the Legal Status of Industrial Property Objects.
According to Article 34 of the Law on Marks and Geographical Indications, the proprietor of a mark may surrender the mark in respect of all or some of the goods or services for which it is registered. The surrender of rights shall have effect as from the date on which it is entered in the State Register. Where the surrender the trademark registration is preceded by a request for revocation or cancellation of its registration, it shall be considered after the entry into force of the decision on the request, unless the person submitting the request for revocation or cancellation has provided a written consent to enter the surrender. It is important to note that if there is a license agreement on record, the surrender shall only be entered if the proprietor of the mark furnishes proof that he has notified the licensee of his intention to surrender it. The surrender shall be entered one month after the proof is provided. Surrender of rights by one or more of the joint proprietors of a mark shall not terminate the validity of the registration for the remainder of the joint proprietors.
Who can submit a request/ declaration for recordal of the surrender of rights at the Patent Office of the Republic of Bulgaria?
The request for records of the surrender of rights shall be filed at the Patent Office of the Republic of Bulgaria by the proprietor of the trademark or by an expressly authorized industrial property representative.
The request for surrender of rights shall be submitted at the Patent Office of the Republic of Bulgaria in one of the following ways: directly in the Patent Office; by post; by fax; electronically; by e-mail.
The request for surrender of rights shall contain the following information:
- identification of the trademark (registration number);
- data about the surrender – if the surrender is in respect of all or some of the goods or services for which the trademark is registered;
- details of the industrial property representative, if authorized.
The following documents shall accompany the request for surrender of rights:
- power of attorney when the request is filed through an industrial property representative;
- document for paid state fees, if the surrender is in respect of some of the goods or services for which the trademark is registered;
- notification – if there is a license agreement on record, the proprietor of the mark has to notify the licensee of his intention to surrender.
The request for surrender of rights shall be signed by the proprietor of the trademark or by an authorized industrial property representative. Where a proprietor is a legal person, the placement of a stamp is required as well.
Examination of the request for surrender of rights
The request for surrender of rights shall be filed at the “Marks and Geographical Indications” Directorate. Within two days of receipt of the request, an expert at the Patent Office checks whether the trademark is identified, whether the state fees have been paid (only when the surrender is for part of the goods or services), and whether a power of attorney is attached when the request is filed through an industrial property representative.
If state fees are not paid and/or the power of attorney is not attached, the person requesting the entry is notified and given a 3-day period to remedy the deficiencies. If the deficiencies are not remedied within the provided period, the proceedings shall be terminated.
If no deficiencies have been identified or the deficiencies have been remedied in the provided period, the request shall be submitted for examination to the Legal Department and shall be assigned to a legal adviser who, within 3 days of receipt of the request, verifies the status of the mark in the electronic database, аnd, if necessary, in the dossier of the trademark and assesses and reviews the documents submitted.
In the event that during the inspection deficiencies or inconsistencies in the submitted request and the attached documents or inconsistency between the data in the electronic database/file of the trademark and the ones in the request are revealed, a notice is sent to the person requesting the entry where a 7-day period to remedy the deficiencies is provided. The proceedings shall be terminated if the deficiencies are not remedied within the provided 7-day period.
When the request meets the requirements set out in the Law on Marks and Geographical Indications and the Instruction on Requests for the Registration of Changes in the Legal Status of Industrial Property Objects, a decision shall be taken to record the surrender of rights. Where the request does not meet the requirements, a motivated decision to refuse shall be issued.
The entry of the recordal of the surrender of rights into the State Register of trademarks and publication in the Official Bulletin of the Patent Office
Once the decision is signed, the request is immediately returned for recordal in the State Register of trademarks. The recordal of the surrender of rights shall be published in the Official Bulletin of the Patent Office. The surrender of rights shall have effect as from the date on which it is entered in the State Register.
What are the state fees for surrender of trademark registration?
If the recordal of the surrender of trademark registration is for all good and/or services, then there is no state fee (0 BGN). If the surrender of trademark registration is for part of the good and/or services, the fee is 50 BGN.
The “surrender of trademark registration” service includes the following steps:
– providing information to the client about the procedure;
– preparing all necessary documents;
– filing the request for surrender of trademark registration;
– payment of state fees;
– legal representation during the procedure before the Patent Office of Republic of Bulgaria;
– timely communication with the client on the course of the procedure.
If you would like to surrender your registered trademark you are therefore advised to contact a trademark attorney with experience for professional advice and preparation of all necessary documents. The Bulgarian IP Attorney Krasimira Kadieva will gladly assist you in the surrender of your trademark by providing professional advice and preparation of the necessary documents. In the event that you wish to take advantage of the service „surrender of trademark registration”, please contact Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website.
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Legal Disclaimer: This material prepared by Krasimira Kadieva aims to provide more information about the procedure for the surrender of trademark registration. 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 the surrender of trademark registration procedures by providing professional advice and preparation of all necessary documents.