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A draft of a new Law on Marks and Geographical Indications has been drafted

February 21, 2019

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After the introduction of the so-called “opposition system”, which led to the largest trademark reform in 2011, new fundamental amendments to the Law on Marks and Geographical Indications will be accepted in 2019. The draft was published on the website of the Ministry of Economy for public discussion until 08.03.2019. The drafting of such a proposition is dictated by the obligations of the Republic of Bulgaria on the transposition of Directive (EU) 2015/2436 on the approximation of the laws of the Member States relating to trademarks. The bill aims to bring the legislation in line with the requirements of Regulation (EU) 1151/2012 on quality schemes for agricultural products and foodstuffs. This article is meant to provide more information about the upcoming changes.

  • In the first place a change in the definition of a trademark is proposed and The requirement for the graphic representation of the trademark is dropped and admission of the mark will be permissible in a way that clearly defines its subject.
  • The most significant are the amendments regarding the payment of state fees, with the payment being only one and not as at the moment – at each stage of the registration procedure.
  • It is envisaged that the number of people having access to information will be expanded, as well as the procedures for access to the dossiers to be facilitated.
  • The terms of use of the trademark have been clarified, the moment from which the period begins to run for the use of the mark and the conditions to be met for the fulfillment of this obligation have been clearly stated. The cases of real use as well as the scope of protection are specified.
  • New offences of infringements are included and will be subject to both administrative and civil protection. The right of action is to be extended to a wider number of people.
  • The proposals in connection with the compliance of the national legislation with the provisions of Regulation (EU) 1151/2012 foresee the termination of the registration of geographical indications for agricultural products and foodstuffs as per the date of its entry into force.

The amendments and the new regulations are expected to benefit the business and economic growth, as well as to strengthen the protection of trademarks and geographical indications, and to improve the existing regulation of the objects of industrial property.

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