This article will describe the procedure for the surrender of industrial design registration, which is regulated in Article 28 of the Bulgarian Industrial Design Act and the Instruction on Requests for the Registration of Changes in the Legal Status of Industrial Property Objects.
According to Article 28 of the Bulgarian Industrial Design Act, the proprietor of an industrial design shall be able to surrender the design in respect of all or some of the designs included in the registration. The surrender of rights shall have effect as from the date on which it is entered in the State Register.Surrender of rights by one or more of the joint proprietors of the design shall not terminate the validity of the registration for the remainder of the joint proprietors. 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 industrial design furnishes proof that he has notified the licensee of his intention to surrender it. In this case, the entry shall be made after the expiration of two months from the submission of the proof.
Who can submit a declaration for recordal of surrender of rights at the Patent Office of the Republic of Bulgaria?
The declaration for recordal of surrender of rights shall be filed at the Patent Office of the Republic of Bulgaria by the proprietor of the design or by an expressly authorized industrial property representative.
The declaration for the 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 declaration for the surrender of rights shall contain the following information:
- identification of the industrial design (registration number);
- data about the surrender – if the surrender is in respect of all or some of the designs included in the registration;
- details of the industrial property representative, if authorized.
The following documents shall accompany the declaration for the surrender of rights:
- power of attorney when the declaration is filed through an industrial property representative;
- document for paid state fees when the surrender concerns only part of the designs;
- notification – if there is a license agreement on record, the proprietor of the design has to notify the licensee of his intention to surrender.
The declaration for the surrender of rights shall be signed by the proprietor of the industrial design 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 declaration for the surrender of rights
The declaration for entry of the surrender of rights of a registered industrial design 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 declaration, an expert at the Patent Office checks whether the industrial design is identified and whether a power of attorney is attached when the declaration is filed through an industrial property representative.
If any deficiencies have been ascertained, 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 declaration 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 declaration, verifies the status of the industrial design in the electronic database, аnd, if necessary, in the dossier of the design and assesses and reviews the documents submitted.
In the event that during the inspection deficiencies or inconsistencies in the submitted declaration and the attached documents or inconsistency between the data in the electronic database/file of the design and the ones in the declaration 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 declaration meets the requirements set out in the Bulgarian Industrial Design Act s 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 declaration does not meet the requirements, a motivated decision to refuse shall be issued.
The entry of the recordal of surrender of rights into the State Register of industrial designs and publication in the Official Bulletin of the Patent Office
Once the decision is signed, the declaration is immediately returned for record in the State Register of industrial designs. The record 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.
The “surrender of industrial design registration” service includes the following steps:
– informing the client about the whole procedure;
– preparing all necessary documents;
– filing the declaration for the surrender of design registration;
– 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 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 surrender 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 „surrender of industrial design 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 industrial design registration. It does not constitute a legal opinion and cannot be interpreted as an individual consultation on any concrete facts or circumstances. The advice of 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 surrender of industrial design registration procedures by providing professional advice and preparation of all necessary documents.