Last updated: 03.01.2020. 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 the transfer of a trademark, which is regulated by 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 23 of the Law on Marks and Geographical Inications a trademark may be transferred, independently of the transfer of the commercial undertaking, in respect of all or some of the goods or services for which it is registered. It is important to note that in the case of joint ownership, the trademark shall be transferred only with the written consent of all of the proprietors unless otherwise agreed.
Who can submit a request for trademark transfer at the Patent Office of the Republic of Bulgaria?
The request for trademark transfer shall be filed at the Patent Office of the Republic of Bulgaria by the transferor or the new holder or by an authorized industrial property representative.
The request for trademark transfer shall be submitted to 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 following documents shall accompany the request for trademark transfer:
-
Depending on the manner in which the transfer was made: – a document certifying the transfer of the trademark; – documents certifying succession; – written consent of all of the proprietors in case of joint ownership;
-
power of attorney when the application is filed through an industrial property representative;
- document for paid state fees.
The request shall be signed by the transferor or the new holder or by an authorized industrial property representative.
Examination of the request for trademark transfer
The request for trademark transfer 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, 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 for the transfer of the trademark.
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.
It is important to note that where it emerges from the transfer document that, owing to the transfer of the mark, users are liable to be confused as to nature, quality, or geographical origin of the goods or services, the transfer shall not be recorded, unless it is limited to those goods or services that are not likely to cause confusion.
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 transfer. Where the request does not meet the requirements, a motivated decision to refuse shall be issued.
The entry of the transfer 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 and the issuance of the certificate to the new holder within two days. The registration of the transfer of a registered trademark shall be published in the Official Bulletin of the Patent Office. The transfer shall have effect vis-à-vis third parties as from the date on which it is entered in the State Register.
What are the state fees for “Trademark transfer”?
The amount of the state fees paid to the Patent Office for “Trademark transfer” is 60 BGN.
The “trademark transfer” service includes the following steps:
– providing information to the client about the procedure;
– preparing all necessary documents;
– filing the request for trademark transfer;
– 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;
– obtaining a certificate;
– handling of the certificate to the client.
If you would like to transfer your 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 transfer 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 „transfer of a trademark”, please contact Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website.
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 provide more information about the procedure for the transfer of a trademark. 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 transfer of trademarks by providing professional advice and preparation of all necessary documents.