COUNTRY : REPUBLIC OF BULGARIA
CAPITAL : SOFIA
LANGUAGE : BULGARIAN
MEMBER: PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, EUROPEAN UNION COMMUNITY TRADEMAKS, MADRID AGREEMENT AND MADRID PROTOCOL, WIPO, PCT
The Intellectual Property Rights Office of Bulgaria is known as the Bulgarian Patent Office-BPO.
PROTECTION OF TRADEMARKS IN BULGARIA:
1. National Registration - Direct Filing with National Trademark Office
Please refer our TREATIES section on International protection under Madrid Protocol and Community Trademark Registration.
Therefore, to obtain protection in Bulgaria, there are three options from which the applicant can choose.
Following indications may be used as Trademarks in Bulgaria:
• Word marks
• Proper Names
• Logo marks (Devices)
• Word marks in combination with letters and numbers
• Label marks with pictures, images, symbols and drawings
• Figurative marks
• Sound Marks
• Form and shape of goods
• Packaging of goods
• Combination of all of the above
However, Holograms are not registrable, as they are considered to be not constant in representation.
Trademarks must contain the following essential requirements to be registrable in Bulgaria:
• Non-descriptive of the goods and / or services
• Not be a well known term in the line of business, trade channels of the applicant
• Not be same / similar / identical either visually and/or phonetically to prior registered marks pending registration.
It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.
This is to ensure that there is no conflict.
After conducting a search and ascertaining that there are no conflicting marks, the trademark application can be filed
Filing is done with the Trademark office of Bulgaria.
Applicant has to furnish the following documentation for filing:
i Name of the applicant
ii Logo (if any) in B/W or Colour
iii Address along with nationality of the Applicant
iv Classes in which Registration is sought.
v Power of Attorney (POA)
vi Details regarding Goods and Services for which registration sought
(Goods and Services classified as per NICE classification)
TRADEMARKCOPIA.COM will assist you with the following:
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
Once the trademark application is filed, a formality examination regarding compliance of all the requisites is carried out along with a search for prior existing trademarks followed by substantial examination.
If the trademark application is found to be in compliance with all the requisites, it is published.
Once the trademark application is found to be compliant with all the necessary requisites and has overcome objections if any from the examiners, it is published.
Post publication, interested third parties may lodge their opposition to the registration of the mark.
It is pertinent to note that, a person filing the opposition to the registration of the trademark shall not be a party to the proceeding and upon request, he shall be entitled to get information regarding the outcome of the objection.
TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Bulgaria can comprehensively assist you with trademark opposition and prosecution.
Once the trademark is accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademark register and the applicant will be issued with a Certificate of registration.
Trademark registration in Bulgaria is valid for 10 years from the date of filing after which it can be frequently renewed for another 10 years.
Prior to Filing: usage of the mark prior to filing is important to acquire distinctiveness for generic and descriptive marks through continuous usage of the marks in commerce.