Both Bulgarian citizens and legal entities, as well as foreign ones, may apply for a trademark registration in Bulgaria. Registering a trade mark is a way to build and defend your brand. When using the trade mark, the proprietor may indicate the registration of the said mark by placing the registered trademark symbol ® in a suitable location near the mark.
The trade mark is a sign which distinguishes the goods or services of one person from those of other persons. For example: words, including personal names, letters, numerals, designs, figures, the shape of the product or of the packaging thereof, logos, colours, sounds, or any combination of such signs, as well as non-traditional trademarks like position marks, pattern marks, motion and multimedia marks, hologram, three-dimensional trademarks.
Signs which do not perform the function of the trademark and do not fulfill the above definition are exempt from registration. In this regard we highly recommend you to get a preliminary legal opinion whether your mark is registrable. As well, a pre-filing trademark search for collision with identical or confusingly similar earlier trademark rights is a must in order to prevent problems with registration.
The right to a trademark is acquired by registration in the Bulgarian Patent Office.
The registration is valid for a period of ten years from the date of filing of the application.
The registration may be renewed for an unlimited number of further periods of ten years.
The registered trademark is valid only for the territory of Bulgaria.
The applicant shall file an application for registration of a mark with the Bulgarian Patent Office. The application must refer to a single trade mark intended for goods and/or services in one or more classes under the International Classification of Goods and Services (the Nice Classification). The goods and/or services shall be described in a manner making it possible to determine the extent of the protection with sufficient clarity and precision.
Any application for trademark registration in Bulgaria shall contain:
- a request for registration;
- the name and address of the applicant;
- a power of attorney;
- a list of the goods and/or services specified according to the Nice Classification;
- the kind and type of the mark;
- a correspondence address, if different from the address of the applicant;
- a description of the mark (an indication of its verbal elements and the way of their spelling – in Cyrillic or Latin letters, an indication of the color / colors, when the image of the mark is in color, etc.;
- in case of division of the request – the number and the filing date of the previous application;
- particulars of priority claimed, if such priority is claimed, incl. priority document;
- number, date and priority of the application or registration of a EU trade mark, for which conversion into a national application has been requested;
- a list of the documents, attached to the application;
- a document for paid fees.
The application and the attached documents shall be submitted in the Bulgarian language.
Firstly, the Patent Office checks whether a document for paid fees for the application and expertise is attached.
Secondly, a formal examination is carried out to check the application as to compliance with the other requirements of the Bulgarian Marks and Geographical Indications Act. Within two months after the completion of the examination as to the formal requirements, an expertise on the existence of absolute grounds for refusal shall be carried out.
Any application which satisfies the requirements of the law shall be published in the Official Bulletin of the Patent Office.
Within three months from the publication of the trademark in the Official Bulletin (the so-called opposition period), any person may file an objection and/or opposition against the trade mark request.
Finally, after the expiry of the opposition period a decision for registration of the trade mark shall be sent to the applicant. The trade mark shall be recorded in the State Register of Marks and shall be published in the Official Bulletin of the Patent Office. By request the applicant will receive a certificate of registration.
The procedure for trademark registration in Bulgaria takes between 4-9 months.
It must be highlighted that the procedure for registration may last about 1-2 years in case of objections or filed oppositions.
The official fee due at the filing stage is 520 BGN (approx. 265 EUR) and cover up to 3 classes of goods and/or services. A surcharge of 30 BGN (approx. 16 EUR) is due for each class in excess of 3.
An additional official fee of 50 BGN (approx. 26 EUR) shall be paid for issuing a certificate of registration.
Our team is familiar with the detailed procedure for trademark registration in Bulgaria. We also deal with problems which may arise during the registration procedure such as objections or oppositions against the trademark application. Additionally, our trademark services include also trademark monitoring, renewals of trademarks, enforcement and licensing of registered trademarks.
For more information or legal assistance for trademark registration in Bulgaria please do not hesitate to call us on: +359 2 851 72 59 or contact us by e-mail: email@example.com