BULGARIA

• LAW PROTECTION GEOGRAPHICAL INDICATION BULGARIA
  • 1. Geographical Indications
    2. Appellations of Origin
• ROLE PLAYED BY GEOGRAPHICAL INDICATION BULGARIA:
  • • GI is a source indicator informing consumers about a product’s origin from a certain place.
    • GI confirms certain special characteristics  inherent to the product.

    Following can apply for the registration of GIs:

    • Any person carrying on production activities in the defined geographical location.
    • Goods produced conform to the properties or characteristics
• PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN BULGARIA
  • 1. Food, Agricultural products known for their specificity and characteristics by which they are clearly distinguishable from other products or foodstuff belonging to the same category.  These characteristics relate to:
    • Intrinsic properties of the product
    • Physical or chemical properties
    • Production method
    1. Agricultural products and foodstuffs from a specified region whose quality and characteristics are essentially due to :
    • The geographical environment such as cimate, soil conditions, the local know-how
    • Production, Processing, Preparation taking place in the defined geographical area
• KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE BULGARIA

  • Geographical Indications are not protectable if:

    • Commercial usage of  the geographical indication for goods that are similar to goods for which it is registered, so far as it exploits the reputation of the protected name;
    • Improper use or imitation of a geographical indication, even if the true origin of goods is specified, or use in translation or with phrases such as “kind”, “type”, “type”, “imitation” or similar;
    • Usage of any false or deceptive indication of source, origin, nature or essential qualities of the goods specified on the packaging, in advertising material or documents relating to goods, such indication may create a false impression about its origin;
    • any other actions which may mislead consumers about the true origin. Registered geographical indications may not become generic, while enjoy legal protection.
    • They are immoral or against public order;
    • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
    • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
    • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
• REQUISITES TO BE GEOGRAPHICAL INDICATION BULGARIA

  • The following Specifications are required for filing of the Application:

    Request for registration of only one geographical indication;

    • Details of the applicant;
    • Data representative, if appointed ;
    • Designation of origin or geographical indication;
    • Designation of the goods; • description of the boundaries of the geographic location to be documented with a map or sketch upon which they are drawn;
    • Description of goods, which must include information on basic physical, chemical, microbiological and other specific characteristics of the product and, if necessary raw materials.  
    • Description of the local and traditional method of production of goods and the characteristics of the goods, indicating their relationship with the geographical environment or geographical origin.  
    • If the application is for a designation of origin, the description should indicate the impact of natural and human factors on the properties or characteristics of goods.  
• WHO CAN FILE GEOGRAPHICAL INDICATION BULGARIA
• EXAMINATION OF GEOGRAPHICAL INDICATION BULGARIA

  • Applications upon receipt are subjected to the following examination:

    1. Formal examination
    2. Substantial examination For rectification of any deficiencies found during examination, the applicant is given 3 months to correct the same. Non-compliance thereafter, leads to termination of the application.

    Revocation: Any registered user may bring in an action to establish that the user is using the GI on goods or for goods produced by him wherein the goods do not possess the qualities or characteristics. In such circumstances, legal protection towards such GI shall be terminated.

• PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION BULGARIA

  • Once all the formalities and compliance are met, the GI is registered in the state register of GIs and the applicant is entered as a user.

    Within one month, the user is issued a license to use the GI. It is imperative to note that only registered users are allowed to use the registered GIs.

    Registration and Usage: Once all formalities and compliances are met, the GI is registered in the State Register of GI and the applicant is entered as a user. In the event there are no objections to the Application and it has satisfactorily complied with all formal requirements, it is forwarded to the EUC which then takes the final decision.

• USAGE OF GEOGRAPHICAL INDICATION BULGARIA

  • Registration and Usage: Once all formalities and compliances are met, the GI is registered in the State Register of GI and the applicant is entered as a user. In the event there are no objections to the Application and it has satisfactorily complied with all formal requirements, it is forwarded to the EUC which then takes the final decision.

• Cost of Registration of Trademarks