This article will provide more information on the transfer of industrial design through selling the design, which procedure is regulated in article 24 of the Bulgarian Industrial Design Act and the Instruction on Requests for the Registration of Changes in the Legal Status of Industrial Property Objects. An industrial design may be transferred in respect of all designs included in the registration or some of the designs for which it is registered. In the case of joint ownership, the design shall be transferred only with the written consent of all of the proprietors.
The sale of the industrial design shall be recorded in the State Register at the request of one of the parties, the request is accompanied by a transfer document. The new holder shall be given a certificate.
Who can submit a request for industrial design transfer at the Patent Office of the Republic of Bulgaria?
The request for industrial design 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 industrial design transfer 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 industrial design transfer shall contain the following information:
- identification of the industrial design (application and registration number);
- identification of the holder of the design:
- the full name of the person if the holder is a natural person;
- name and type of legal entity if the holder is a legal entity. The names of the person representing the legal entity.
- Identification of the new holder:
- the full name of the person if the holder is a natural person;
- name and type of legal entity if the holder is a legal entity. The names of the person representing the legal entity.
- mailing address.
- details of the industrial property representative, if authorized.
- details of the requested transfer: how the transfer was made.
- whether the transfer relates to all goods/services in the registration or only for part of the goods/services in the registration.
The following documents shall accompany the request for industrial design transfer:
- industrial design purchase and assignment agreement
- 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. Where the transferor or the new holder is a legal person, the placement of a stamp is required as well.
Examination of the request for industrial design transfer
The request for industrial design transfer shall be submitted to the Directorate for Examination and Protection of Inventions and Industrial Designs at the Patent Office. Within two days of receipt of the request, an expert at the Patent Office checks whether the industrial design has been 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 design in the electronic database, аnd, if necessary, in the dossier of the design and assesses and reviews the documents submitted for the transfer of the industrial design.
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 industrial design 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 Bulgarian Industrial Design Act 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 industrial designs and publication in the Official Bulletin of the Patent Office
Once the decision is signed, the request is immediately returned for recorded in the State Register of industrial designs and the issuance of the certificate to the new holder within two days. The registration of the transfer of a registered design 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 official fees that have to pay at the Patent Office for the transfer of an industrial design?
The state fee that has to be paid at the Patent Office of the Republic of Bulgaria for transfer of an industrial design is 30 Euro.
The “industrial design transfer” service includes the following steps:
– informing the client about the whole procedure;
– preparing all necessary documents;
– filing the request for industrial design 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 industrial design you are therefore advised to contact a design 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 design by providing professional advice and preparation of the necessary documents. In the event that you wish to take advantage of the service „transfer of industrial design”, 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 transfer of the industrial design. 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 industrial designs 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 designs by providing professional advice and preparation of all necessary documents.