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.
In one of the previous articles, we have described the procedure of opposition against an application for registration of a national trademark filed at the Patent Office of the Republic of Bulgaria. This publication will provide more information on the objections that may be filed by any natural or legal person, public entities, associations of manufacturers, service providers, traders or consumers against an application for registration of a trademark on the absolute grounds for refusal.
Firstly, after an application for registration of a mark has been filed, a formal examination is carried out. Once the application for registration of the mark successfully passes the formal examination within two months, the so-called substantive examination is performed. In the examination on absolute grounds of refusal, it is checked whether the mark falls within the scope of Art. 11 of the Law on Marks and Geographical Indications. Any application that complies with the requirements of Article 11 of the Law on Marks and Geographical Indications shall be published in the Official Bulletin of the Patent Office within one month after the completion of the substantive examination.
The publication shall contain the filing number, the filing date and priority, if priority is claimed, the applicant’s details, the industrial property representative’s data, if any, the type of mark, the image of the mark, the classes and the list of goods and services for which it is filed for registration.
Within three months of the date of publication of the application (for international registration of trademarks this period begins two months after the publication under Article 49, paragraph 3 and when opposition is filed – until the end of the opposition proceeding), any natural or legal person, as well as associations representing manufacturers, manufacturers, service providers, traders or consumers, may file an objection against the registration of the mark on the absolute grounds for refusal, i.e. if the person submitting the objection considers that the mark should not be registered as it falls within the scope of Art. 11 of the Law on Marks and Geographical Indications, and for collective and certification marks – also on the basis of Article 39, paragraph 5, respectively, Article 40, paragraph 4. The objection shall be filed in writing and shall state the motives.
Objections received within the provided time limit shall be sent to the applicant without delay and the applicant shall be given a period of one month for an opinion. Objections received after the stipulated three-month period from the publication of the application in the Bulletin of the Patent Office shall not be considered. Within one month of the expiry of the one-month period for the opinion of the applicant, the experts of the Opposition Division shall examine the objection and the opinion of the applicant, if any, and provide the reasoned opinion with an on the merits of the objection. Where the Opposition Division’s conclusion is that the objection is justified, the applicant shall be sent a notice of provisional refusal. Where the Opposition Division concludes that the opposition is unfounded, the application proceeds with the applicant being given a one-month deadline for paying the registration fee, the fee for publication of the registered mark and fee for issuance of a registration certificate. The person lodging the objection will not receive notification of the opinion of the Patent Office on the objection. The objector may be informed of the status of the application from the website of the Patent Office. The opposition’s conclusion is not appealable.
Due to the above-mentioned peculiarities, it is advisable to seek the assistance of an intellectual property specialist with experience in this matter when drafting and filing of an objection on absolute grounds against the registration of a trademark. The team of the law firm of Krasimira Kadieva will gladly assist you in such proceedings in the event that an objection based on absolute grounds has been filed against the registration of your trademark when you have filed a national trademark for registration before the Patent Office of Republic of Bulgaria, as well as a European Union trademark before the European Union Intellectual Property Office.
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Legal Disclaimer: This material prepared by Krasimira Kadieva aims to describe the third party objections procedure against an application for registration of a trademark in Bulgaria. 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 all types of trademark registrations by providing professional advice and preparation of all necessary documents.